At the beginning of last year, Hu Jiayuan (pseudonym) in Xiaolin Town, Cixi, Ningbo, Zhejiang Province, borrowed 410000 yuan from Sui Yong (pseudonym) of Shengshan town three times, and agreed to pay off the loan at the end of the year. The last two loans also agreed on 1% monthly interest. In April, Hu Jiayuan was killed in a drowning accident. The news made Sui, who had 410000 yuan in his hand and had not yet recovered his principal and interest, panicked bravely.
In August of the same year, Sui Yong sued Hu Jiayuans wife and childrens parents to the court, asking four of his closest relatives to repay the principal and interest for the deceased. However, the four defendants declared in court that they gave up the inheritance of Hu Jiayuans estate. This means that they have no intention of taking on the outstanding debts of the deceased.
After the trial, the Court confirmed that the private loan relationship between Hu Jiayuan and Sui Yong was established and effective. However, since the four defendants, as the first successor of the deceased Hu Jiayuan, had clearly indicated that they had given up the inheritance of the deceaseds estate, they were not liable for repayment.
If the debtor is gone and the family members do not recognize the debt, it means that the debt will be eliminated after death? Not at all.
At the same time, the court also made it clear that the four defendants, as Hu Jiayuans relatives, still had the obligation to manage and protect Hu Jiayuans heritage, and could not cause the estate to be devalued, damaged or lost by his own intentional or negligent acts. The court also ruled that Sui Yong had the right to demand to pay off the debts of this case within the scope of Hu Jiayuans heritage.
The executive judge relies on the grid judge,
Solve existing and potential conflicts together
At this time, according to Sui Yong, the applicant, there is still a storefront in the name of Hu Jiayuan, which has not been registered for property rights and is of the nature of rural collective land. The executive judge rushed to the scene to seize the information. However, due to the rural collective land nature of real estate is difficult to deal with, the case again reached a deadlock.
A village in Xiaolin town where Hu Jiayuan was executed was the grid of judge Ma of the executive bureau. According to judge Mas understanding, Hu Jiayuan still had a large amount of outstanding debts before his death, and there was the possibility of a series of lawsuits. In January this year, two more cases involving the settlement of debts by Hu Jiayuans heirs entered into execution. It has become an urgent task to avoid the contradiction in the implementation of a large number of cases.
In order to properly solve the case, in April this year, the judge in charge of the case, together with judge Ma, who is familiar with the grid, came to the above-mentioned village committee to discuss the disposal of Hu Jiayuans storefront room in the village. At the same time, he actively negotiated with Hu Jiayuans family members while posting the announcement of creditors rights declaration to look for other creditors. The family members also hope that the debt dispute can be resolved as soon as possible, and they are willing to cooperate with the court to sell the vehicle registered in the name of Hu Jiayuans son and use it to repay the debt after deducting the mortgage money.
After a series of tedious and meticulous work, with the concerted efforts of the court and the village committee, Hu Jiayuans family members and 39 creditors including Sui Yong signed a debt settlement plan, which resolved a large number of contradictions and disputes before litigation.