The 9-year-old girl has become Lao Lai. Should she pay her father's debts?

Eight years ago, Chen Man's biological father killed her biological mother and grandmother and was sentenced to death. After the father killed his wife, he was ready to sell the house, but after the buyer Wang paid 550 thousand yuan for the house, the house could not be transferred. June 5438 +2020 10, Henan Zhengzhou Intermediate People's Court made a final ruling invalid, and Chen Man, 9 years old, "paid off" 550,000 yuan for his father. Unable to pay back the money, Chen Man became an "old lai". On June 25th, 165438+ the court issued a consumption restriction order to her. This is the second time that Chen Man has become "Lao Lai".

This case is not just about paying off my father's debts. This is the debt assumption involved in our inheritance. According to the law, the heir should pay off the taxes and debts that the decedent should pay according to law within the limit of the actual value of the estate obtained. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. Therefore, the heirs inherit the inheritance and naturally bear the corresponding debts. Here's the case. Because the little girl inherited her father's property, she had to bear the corresponding debts.

However, the court has restricted a 9-year-old girl from high consumption, which is really unreasonable, even our common mechanical application law. This is why this measure of the court is controversial. According to the regulations, we take measures such as breaking promises or restricting high consumption to the person subjected to execution, mainly to punish those who have the ability to perform but do not perform the obligation of effective judgment. Especially for inheritance, the court often finds that the heirs give up inheritance and still judge the heirs to bear debts within the scope of inheritance. Personally, I think this kind of judgment is absurd, which may lead to the heir becoming the executor, thus breaking his promise or restricting consumption. In this case, the court can directly enforce the property under the name of the deceased. The court may auction the property under the name of the deceased and use the proceeds from the auction to pay off debts. For a 9-year-old girl, it is against the spirit of our law to know what refusing to perform, regardless of whether it is directly included in breaking promises or restricting consumption.

Adults wrangle and let a 9-year-old child take responsibility!

Call Mr. Luo Xiang and give us an analysis!

Bigfoot seems to be very clear. The court didn't clarify the facts, mixed up a problem involving inheritance, creditor's rights and debts, house sales contract with transfer, guardianship responsibility and so on, and finally let a 9-year-old child bear all the responsibilities! I really don't know which school high flyers this judge is from!

Is this a reasonable judgment?

Eight years ago, Chen Man's biological father killed her biological mother and grandmother and was sentenced to death. After the father killed his wife, he was ready to sell the house, but after the buyer Wang paid 550 thousand yuan for the house, the house could not be transferred.

2065438+March 2007, Wang took the 6-year-old to court, demanding that the house purchase contract be legal and valid, which was rejected by the court.

In the second half of 20 18, Wang sued again. This request was supported by the court, which ordered the termination of the transfer contract and returned the purchase price of 550,000 yuan.

June 5438 +2020 10, the final trial of Zhengzhou Intermediate People's Court of Henan Province ordered 9-year-old Chen Man to "pay off his father's debts" for 550,000 yuan. Unable to pay back the money, Chen Man became an "old lai". On June 25th, 165438+ the court issued an order to restrict her consumption.

Chen Man is probably the youngest person to be executed in China so far.

Bigfoot didn't understand why the court took another road and didn't solve the substantive problem, but pushed 9-year-old Chen Man to the forefront. A child from a bad background, who should be protected, is now exposed to the public like this. Are guardians and courts evil hands?

The law should try to bring a little temperature in front of legal principles and factual basis and under legal norms, instead of such a cold piece of paper.

Leave professional things to professional people, and sincerely hope that our lovely teacher Luo Xiang can give us some suggestions!

Eight years ago, the father of a 9-year-old girl killed her mother and grandmother because of gambling, and then sold the house. The buyer Wang failed to transfer ownership after paying 550,000 yuan. Then the little girl's father was arrested and shot, and the house belonged to the little girl. After all, the little girl is the first heir.

According to the normal inheritance law, if you inherit the property, you have the obligation to bear the corresponding debts. There is nothing wrong with this, but have you overlooked the important point, that is, before this, the house was the joint property of the parents of the 9-year-old girl. According to normal logic, her mother dies, so her father is the first heir as a spouse.

But is this normal? This is not normal. The father of the 9-year-old girl must have owed a lot of gambling debts because of gambling. In order to pay off his debts, he wants to sell the house, but it is the joint property of husband and wife. If the little girl's mother does not agree, he has no right to dispose of it. I guess that's why he killed the little girl's mother.

Then one party kills the other, so in fact he should not have the right to inherit this house. At the moment he killed his wife, his mother's share of the inheritance of the house actually fell to the little girl. It stands to reason that the custody of the little girl should be changed to her grandparents and others. If they don't agree, it should be illegal for the little girl's father to sell the house, and the law should be invalid. The contract he signed with Wang should be invalid. Since it is invalid, how can we get 550 thousand?

But after all, Wang bought the house with real money and paid 550 thousand. Since the little girl's father was shot, the debt should be paid by the property in the name of the little girl's father. Part of this house belongs to his father, so the best way is to evaluate the house according to the market price and divide it into three parts to see if it is suitable. If it is not suitable, she can refuse to inherit her father's share, so that the debt will not fall on her head, and this share can also be used to repay Wang's house purchase.

The society is wonderful, and all kinds of dramas are staged every day.

It makes people angry at first sight. After careful investigation, it turns out that this is just a play made by some people for their own interests!

I was very excited to see the headline of the news: my father's debt should be repaid by my father. Why did you bring the children back? In the law of our country, everyone is an independent individual, and there is no provision in the law to unite nine families, which is obviously a mess of the court. So, I was a little angry when I saw the title.

However, when I look closely, I find that it is not that simple. I am here to restore this matter:

So my father has a house! In other words, the father has an inheritance.

This is easy to understand. But I still don't think this has anything to do with girls. Since you have an inheritance, use it to pay your debts. If the inheritance is not enough, the other party can only recognize it. If there is any surplus after the debt is paid off, it will be given to the heir. These laws are clearly stipulated in our laws.

Therefore, the usual practice should be:

Auction the house to pay off the debt, and leave the rest to the heir.

How can roots involve children to pay debts for their fathers?

It turned out that Chen Man inherited his father's house.

According to the relevant provisions of the Inheritance Law, the successor shall pay off the taxes and debts that the decedent should pay according to law within the limit of the actual value of the acquired inheritance. In other words, when you inherit the estate, you should inherit the debt and pay it off for you. However, the repayment of debts is limited to the inheritance, and the part beyond the inheritance does not need to be repaid. This rule is fairly fair.

According to the court investigation, the house has now achieved a relatively obvious appreciation. In other words, the house is far more than 550 thousand (this is just a deposit), and it has appreciated. In other words, this house is more than enough to pay off debts!

Therefore, the court ruled that the house was inherited by the little girl and the down payment owed was debt. Is there a problem? No problem!

Both sides had no opinions, so the judgment came into effect. But for three years, this 550,000 has not been returned.

The problem now is that the little girl's foster mother and grandfather have come forward and said that the house can't be sold, and the house should be left to the little girl to live in. But they don't want to pay 550 thousand for her!

This is very interesting. The court takes care of you, doesn't auction the house and gives you millions of houses, but you can't help but pay back others' money, can you? !

So he became Lao Lai.

Everyone said, what's wrong with such a lazy person to limit high consumption? !

At present, family members just want to gain social sympathy, live freely and not pay their debts.

The 9-year-old girl knows nothing and is innocent, but she is hyped by her family. Alas. Adults are wrangling. What does it have to do with children?

Conclusion: The court ruled that there was no problem in repaying the debt. Should debt still limit high consumption or auction the house directly? To be considered.

But the verdict is still unfair. Mr. Wang's rental income of 200,000 yuan should be returned to his children, and at the same time, the children should also return the interest occupied for more than 550,000 years, which is reasonable and legal. It is inappropriate for the court to award neither interest nor rent. Perhaps the court has tested the factors of house appreciation in recent years, and buyers have also suffered.

The so-called "father's debt and son's compensation" is just a folk saying, which is not legal from the legal level. However, if children inherit their parents' inheritance, the corresponding debts will also be inherited. From this perspective, I think the little girl should pay her father's debts.

However, I think it is wrong for this 9-year-old girl to be labeled as "Lao Lai". She is a minor, she is innocent, and she is also the biggest victim. Reasonably speaking, I don't think we should add "Lao Lai" to her.

Poor and lucky girl This 9-year-old girl is very poor. When she was only 1 year old, her father killed her mother, and then her father was sentenced to death. It can be said that her parents died overnight, and she became a child without mom and dad.

This is a human tragedy. However, in addition to this heartbreaking fact, her father left a "foreign debt" of up to 550,000 yuan.

The reason is that when her parents were alive, she found that her father had sold their house and the buyer had paid 550,000 yuan for it. However, due to sudden changes later, the house could not be transferred (there must be a final payment), and the buyer wanted to return the advance payment of 550,000 yuan.

Since her parents are gone, the little girl lives with her grandfather, and the house is her only guarantee. Considering this, the court did not enforce it, but protected their basic accommodation.

The little girl was adopted by good people when she was 3 years old. There is nothing wrong with her life now, except that her hukou is still with her grandfather, and she has not gone through formal adoption procedures with her adoptive parents for the time being.

She is very poor. She lost her parents at an early age and lost them in a cruel way. Fortunately, she met a kind family and adopted her. Her adoptive parents regard her as their own.

At an early age, you should not bear the reputation of "Lao Lai". Now this little girl is only 9 years old. She doesn't understand many things. She doesn't even know what she's been through. Of course, we don't want her to know. She better not know for the rest of her life.

But because of that accident, she became the youngest "Lao Lai" and was sentenced to limit high consumption. The main reason is that her father owes 550 thousand for the house.

Actually, I think there is something worth discussing here. Where did her father get the money from selling the house? Who used it? I think anyone who uses anyone's money should pay off his debts.

We used the little girl for the time being, but certainly not all of it. It is unfair to let her bear all the debts.

Moreover, the house that my father wants to sell must belong to his parents' common property. Did her father ask her mother for permission when he sold the house?

The reason for this suspicion is that since this man can kill his wife and leave his young daughter, it is not impossible to sell the house without his wife's consent.

It is unfair to sell the house without the consent of the child's mother, then collect the house payment, and finally let the child bear everything.

I think the solution to buying a house is also unfair. Not only did I not get the house, but I also delayed it for so long that I didn't even get the prepaid house money back. It's hard for anyone to accept

As far as the current situation is concerned, I think there is a scheme worth trying, but it needs the joint efforts of many departments.

The first is the child's household registration. At present, the child lives with adoptive parents, and grandpa comes to see him several times a week. So can we try to move the child's account to the adoptive parents, and then change the guardian, so that the adoptive parents can become the legal guardians of the child?

I learned from my foster mother that she loves the little girl very much, and the little girl gets along well with her family. In addition, the child's grandfather is old and may not be able to continue to take care of the little girl's life in a few years.

Then, according to the normal procedure, the adoptive parents formally go through the adoption formalities, which is not a perfect solution to the children's future life problems.

When the children's future life is settled, they can start to solve the problem of buying a house. The child is the heir to the house, and she follows her adoptive parents. In fact, the house can be sold to the buyer or directly, and part of the money for selling the house is returned to the buyer. As for how much to repay, this can be discussed. After all, it has been so many years.

I think this may be beneficial to everyone, and it should be a plan acceptable to all parties.

Otherwise, the little girl is carrying the reputation of "Lao Lai", the adoptive parents are still saying that the name is wrong, and the buyer is also suffering huge economic losses.

There is no "paying debts for father". According to the law of our country, the successor inherits the debts of the decedent at the same time, but the debts are only paid off within the scope of the estate, and the debts beyond the scope of the estate do not need to be repaid.

Look, in fact, it is to pay off the debt with the property left by the debtor himself. The property left behind is not enough to pay off the debts, and the extra money does not have to be paid back, so there is no need for a penny from the children. Where can I "pay my father's debts"?

At most, I will take care of my father's affairs, including selling the property he left his father or paying the creditors directly.

In this case, Chen Man's father left her a house, which is now worth more than 550,000 yuan, so as long as you sell this house, you can pay off your debts. Where can I use a little girl to pay my father's debts? Do you need her to work and pay her father back? Not exactly. Moreover, the original purchaser paid 550,000 yuan, and less than a year later, Chen Man's father sentenced him to death, so where did the 550,000 yuan go? Chen Fu took so long? If it hasn't been spent, there should be some money left, and the debt of 550 thousand should be more difficult to fulfill.

From the answers of other respondents, it can be seen that the girl was listed as an old lai by the court because she was sentenced to pay her debts three years ago, but she did not pay her debts three years later. Obviously there is still real estate left, and now the girl has found an adoptive family. This house is not the only place where she lives. Why on earth did she fail to realize her ability?

Why did I put quotation marks on the word "girl"? Obviously, a 9-year-old girl is incapable of making decisions. It's not her idea whether to sell the property or not to pay off the debts. So who is her guardian now? Who can make the decision for her? Why not try to help girls sell their property and pay off their debts, but let their children become old lai?

It seems ridiculous that the court put a nine-year-old girl on the list of old lai. But when you think about it, this is the only thing the court can do. The house is named after this girl. Although you know that all ideas come from adults, you can't find these people. After all, the girl is the heir. Although she doesn't know anything, and the court's measures to limit high consumption are meaningless to a nine-year-old child, it looks more like the court's helpless move. After all, other measures can't be done, so we can only do some useless work in accordance with legal procedures, as if telling creditors: Look, we have worked hard and this is the only way.

As a result, the world is full of wonders and she is innocent. The responsibility of her biological father should not involve children.

On the other hand, it is even more amazing. It is understandable that the plaintiff only wants to recover the money, but is it comfortable to list a nine-year-old girl as the defendant? And the plaintiff's attorney, did he provide "professional" advice to list the girl as the defendant? What kind of lawyer is this I don't know,

The most amazing thing is that the court feels that there is no problem at all, as if all the procedures are so normal and difficult to understand.

Since so many amazing things have happened, I hope this lawsuit will not affect the children's bad record in the judicial system. After all, these records usually follow a person's life, and these records will affect the little girl's life, and they are not positive. So I hope that through the exposure of this hot spot, it will have a positive impact.

The verdict is unreasonable.

Because the 9-year-old girl is the victim, it is unrealistic to talk to a minor about the buyer's rights and interests.

Father killed mother and grandmother, so father should compensate the little girl and grandfather.

First, some people say that grandparents have not inherited property and should not pay their debts. This is not right. Because grandparents really inherited 200,000 properties and needed to pay off their debts; Moreover, grandparents should not only be responsible for raising children, but also compensate the girl and her grandfather.

Second, this is the joint property of husband and wife. The buyer didn't get his wife's consent at that time. Is this a legal procedure for buying a house? And the house price was 680,000, and only 550,000 was paid. This is not a house purchase transaction. This is just a private transaction between the buyer and the killer's father. At most, the loan failed and the purchase contract was not formed.

Third, the buyer rented out other people's houses and made a profit of more than 300,000. Isn't this illegal possession of the rights and interests of others?

Therefore, this 550,000 yuan should be repaid by the man's family. After all, 200,000 yuan has been paid, and the rest will be negotiated. This is a personal debt problem, not a house problem. The original purchase contract was not reached. The profit from the rent should be paid to the little girl.

Although the little girl is weak and needs protection, the buyer is not strong. Maybe this 550 thousand is all the savings of the whole family. She may still be in debt and should be protected by law. This 550 thousand is not blown by strong winds. If the buyer continues to trade knowing that the seller has committed a crime, that should be another matter.

At that time, after his father killed his wife, he was going to sell the house. The buyer paid 550 thousand yuan, and my dad disappeared before the buyer transferred the ownership.

Because his father was shot, he couldn't transfer his ownership. Before his death, he had squandered 550,000 yuan. Now the buyer asks the girl to return 550,000 yuan.

The girl's grandfather also wrote it. At the end of the article, he said: I think this house should be inherited by children for the sake of children, so that they can have a place to live in the future. ...

So should a 9-year-old girl repay 550,000 yuan for her father?

It is really unfair for a 9-year-old girl to become an "old lai", but there are provisions in law that property and creditor's rights inherit together.

The girl can give up her father's inheritance, and the debt naturally has nothing to do with her. If she inherits it, she will pay off the debt owed by her father.

Parents' debts should be repaid with their parents' property, which is the joint property of husband and wife, half by half. For expenses not used and living together, protect part of the spouse's property.

Theoretically, the house should be auctioned, leaving some money as the basic living and learning expenses for growing up to 18 years old, and paying the rest to the buyer.

Should a 9-year-old girl pay her father's debts? In fact, from the beginning, she should pay back the money. At that time, the little girl's father had signed a contract with others and received a deposit of 550 thousand. This is a fact, but he terminated the conditions of house transfer because of his criminal behavior.

In fact, now the girl's adoptive parents jump out to stir things up in front of the media, which can be said to have ulterior motives, including the little girl's grandfather. Because the house has appreciated now, the price of that house has at least doubled. Many people will lose their conscience in the face of money.

The court left the house to the little girl to take care of her and give her a home. But in fact, a little girl over one year old can remember what that home is like. Let's just say it's a place that her grandparents miss.

The problem is that my grandfather and adoptive parents don't agree to sell the house or pay back the money. This makes Mr. Wang, who buys a house, helpless. He gave two plans, and the little girl guardian meant that his 550 thousand was in vain. Mr. Wang will definitely not agree, and 550,000 didn't answer.

The solution to this problem is simple, just let the court auction the house. The price must be more than 550 thousand. After the sale, 550,000 yuan was returned to Mr. Wang, the rest was left to the little girl for her future life and study, and the rest was left to her grandfather as pension money. However, in such a win-win situation, they didn't agree, and they had to let a 9-year-old girl bear the charge of Lao Lai. Is it necessary to discuss if you are familiar with it? A guardian can't sell his conscience just because the house is valuable.