Obviously, there are 3 sets of luxury houses that can be inherited.
But he insisted.
I give up inheritance!
On the other side, the court said.
Its no use giving up inheritance.
The house must be counted on you.
What is it like?
3 sets of luxury homes have the heart to refuse?
With tens of millions of debts, the creditors went to court.
Defendant, Lao Zhang and his daughter-in-law, Ms. Lin.
They are shareholders of a company in Xiamen.
The company and Lao Zhang family.
Plaintiff who filed a complaint
Borrowing 20 million yuan
According to the investigation, in December 2012, the outsiders Wu Mou, Lin and their company borrowed 10 million yuan from the plaintiff A Jian and A Ya. Because of her overdue loans, the plaintiff prosecuted the court. Subsequently, the court ruled that the company, the outsider Wu Mou, Lao Zhangs daughter-in-law Lin should repay the plaintiffs loan principal of 10 million yuan and interest. The interest is based on $10 million and is calculated at an annual interest rate of 24%, which was as high as $2.8 million by the time of the prosecution.
The result was in May 2014.
Lao Zhang, Ms. Lin and her company
10 million yuan to ah Jian and Ya Ya again!
After Ms. Lin and so on only repay the loan 1 million yuan!
At that time, the court decided to request the company, Lao Zhang and Ms. Lin.
9 million yuan and corresponding interest should be paid.
However, after the decision came into effect, Ms. Lin and Lao Zhang still did not repay the money and failed to fulfill their repayment obligations. To this end, two creditors applied to the court for enforcement. So far, Lin and Lao Zhang have only paid over 1150 yuan.
I borrowed it again and again.
Its all twenty million.
The rich worlds little editor doesnt understand.
Three sets of real estate, Lao Zhang voluntarily abandon inheritance
Court enforcement period
Lao Zhang did a thing.
Aroused strong dissatisfaction among creditors.
It turned out that he voluntarily abandoned his inheritance of the share of the estate left over by his deceased son in three houses. It is reported that Xiao Zhang, the son of Lao Zhang and his wife died a few years ago, and Ms. Lin is the wife of Xiao Zhang. Ms. Lin and Xiao Zhang bought two luxury houses in Wuyuan Bay, Huli District, and a house in Xiahe Road, Siming District, during their relationship. These three properties are registered under the title of Xiao Zhang.
Xiao Zhang died in May 2010. Xiao Zhang and his wife have two children, namely Xiaohe and Xiaoli. On April 30, 2016, Lao Zhang voluntarily abandoned his inheritance of the three housing shares left by his son, and went through notarization procedures.
Waiver of succession rights
Lao Zhang said so.
Lao Zhang said that he abandoned the right of inheritance of the three properties, in order to maximize the benefits of the principle of children, want to leave some more heritage to the children, so all the property inherited by the two children, there is no intention of malicious evasion of debt.
Creditors will not be happy.
Ah Jian and Ya Ya put the old Zhang on the court.
Lao Zhangs daughter-in-law and grandson and granddaughter
Also listed as third cases.
Focus: abandoning inheritance, effective or ineffective?
The focus of this case
Lies in Lao Zhangs waiver of succession.
Is it effective or invalid?
This is what creditors say.
These three properties belong to the common property of husband and wife, and Ms. Lin owns half of each of the three properties. Therefore, the creditors have already applied for sealing up the above three sets of properties. Because Xiao Zhang has died, the above property belongs to Xiao Zhangs share (that is, half of the three properties) should be inherited by Xiao Zhangs heirs. According to the Notarization Certificate provided by Ms. Lin, there are five successors to Xiao Zhang, namely, Xiao Zhangs parents Lao Zhang and his wife, Xiao Zhangs children and Xiao Zhangs spouse, Ms. Lin. Lao Zhang can inherit one-fifth of Xiao Zhangs property share according to law, so Lao Zhang has one-tenth of the above three properties.
In the implementation of the two cases mentioned above
The two creditors were informed that
The above three properties
After Xiao Zhangs death
The separation of production and production has not yet been carried out.
And then brought up a family separation lawsuit.
And just then
Ms. Lin submitted the notarization to the court.
The notarization reads:
Lao Zhang has given up the right to inherit the three estate.
According to the creditor, Lao Zhang has a huge debt to the plaintiff and has not paid back any money so far. Therefore, his abandonment of the right of inheritance has affected his obligation to fulfil the civil judgment and should be regarded as invalid according to law.
However, Lao Zhang replies that, according to Article 46 of the Opinions on Several Questions of the Succession Law, the act of abandoning the right of inheritance is invalid only if the heir is unable to perform his statutory obligations because of the act of abandoning the right of inheritance. After giving up the right of inheritance, Lao Zhang still paid back to Ajian and Aya one after another through various aspects, and the repayment ability still exists. Lao Zhang is still a shareholder of the company, nor has he failed to fulfill his statutory obligations because he has given up inheritance. Therefore, Lao Zhang requested to reject the original request in accordance with the law.
The creditors thought the act was invalid.
But Lao Zhang thinks he is still paying in succession.
The court held that in this case, Lao Zhang had no evidence to prove that he still had sufficient capacity to perform the obligations determined by the judgment after giving up his right of inheritance. Even though Lao Zhang is still a shareholder of the company, the company is also a borrower of the above-mentioned loans, and has not yet fulfilled its repayment obligations, indicating that the company is not capable of fulfilling its obligations. Therefore, Lao Zhangs act of waiver of succession is invalid.
The judge pointed out that the above three sets of property are Lin and Xiao Zhangs husband and wife common property. After Xiao Zhangs death, 1/2 was owned by Ms. Lin, and the remaining 1/2 was the legacy of Xiao Zhang. Lao Zhangs legal successors in the first order are Lao Zhang and his wife, Ms. Lin, Xiaohe and Xiaoli, totaling five people. Therefore, Lao Zhang enjoys one-tenth share of property rights in each of the three properties.
Recently, the Huli court ruled in first instance that the defendant Lao Zhangs abandonment of his sons right to inherit three properties was null and void, and that the defendant Lao Zhang enjoyed one-tenth of the property rights of his sons three properties.
Lawyers say: abstention from the interests of people should be invalid.
As for Lao Zhangs practice, Lin Minhui, a lawyer from Fujian Zihui Law Firm, said that according to the provisions of the Succession Law of China, the right of inheritance as a civil right, the successor can accept inheritance, can also give up inheritance, and give up the right of inheritance is a unilateral civil legal act, once made, it will have legal effect.
Therefore, if the debtor knows that he has a repayment obligation but is unable to pay off the case, still give up the right of inheritance of property, its behavior has obviously affected his ability to pay off debts, damage the interests of creditors, then the act of abandoning the right of inheritance of property should be considered invalid according to law.
After his father lost his debt, his children were sentenced to pay their debts.
This fathers debt,
Should it be compensated?
Cases like this
It happened in the past.
Earlier, Xiamen Haicang District Court had also heard such a debt dispute, a man borrowed after a traffic accident died. After the death of the man, the creditor brought his children to court to ask his children to pay their debts.
According to Mr. Yang, a creditor, several years ago, Lao Liu borrowed 250 thousand yuan from Mr. Yang for his business needs. Subsequently, Lao Liu repaid part of the loan, but after the loan expired, Lao Liu was unable to repay the remaining loan. A few years ago, Lao Liu was killed because of a traffic accident.
After the tragedy, Mr. Yang believed that although the debtor Lao Liu had passed away, he had left a legacy in his life. As his legal heirs, his children should repay Mr. Yangs debts within the scope of Lao Lius legacy. Therefore, Mr. Yang prosecuted the Haicang District Court.
Finally, the Haicang District Court made a first-instance decision that the children of the defendant Lao Liu should jointly assume the responsibility of repayment within the scope of inheriting Lao Lius legacy and pay the loan that Lao Liu had not repaid before he died.
However, the court ruled that Lao Liu had paid a total of 215,000 yuan before he died. Because there was no written agreement on interest, it could not be determined that there was an agreement on interest, so the aforementioned amount should be regarded as repaying the principal of the loan. Therefore, the court found that the amount owed to the borrower in this case should be 35 thousand yuan. The judge said that Chinas law clearly stipulates that the heir shall be liable for repayment of the debts of the heir within the scope of inheritance. In this case, the value of Lao Lius inheritance is obviously much higher than the borrowing principal and interest. Therefore, Lao Lius children should share the repayment responsibility within the scope of inheriting Lao Lius inheritance. So if you want to inherit the legacy, you must pay the debts first. If you try to transfer, hide, sell the property and even give up the inheritance for malicious evasion of execution in order to avoid the debts, you can not escape the sanctions of the law. Source: Chengdu business daily editor: Yang Yi _NBJ10647
However, the court ruled that Lao Liu had paid a total of 215,000 yuan before he died. Because there was no written agreement on interest, it could not be determined that there was an agreement on interest, so the aforementioned amount should be regarded as repaying the principal of the loan. Therefore, the court found that the amount owed to the borrower in this case should be 35 thousand yuan.
The judge said that Chinas law clearly stipulates that the heir shall be liable for repayment of the debts of the heir within the scope of inheritance. In this case, the value of Lao Lius inheritance is obviously much higher than the borrowing principal and interest. Therefore, Lao Lius children should share the repayment responsibility within the scope of inheriting Lao Lius inheritance.
So wants to inherit the estate.
Debt must be paid first.
To avoid debt
Try to shift, hide or sell property
Even for malicious evasion.
And abandon inheritance.
Finally, they can not escape the sanction of the law.