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Do relatives have to pay the loan instead of the deceased

Should relatives to pay the loan instead of the deceased

As a general rule, family members do not have to pay the loan instead of the deceased in the absence of any link with the relevant legal relationships.

But in the case of accepting the inheritance, or a certain percentage of such a duty may be imposed on the relatives.


The death of the citizen does not entail the termination of hisobligations on most contracts. An exception is made only by the current legislation for those obligations relations, the implementation of which is inextricably linked with the personality of the creditor, the debtor. Credit agreement for this type of commitment does not include, therefore, in the case of the death of the debtor's obligation remains in effect. But in the absence of direct communication with the relevant loan agreement (for example, participation in it as a guarantor) a relative of a deceased debtor does not have to repay any debts. A more complicated situation arises when a relative assumes inherited any property.

When the obligation to repay the loan rests with the family?

The only case in which a relativemay be obliged to pay the debts of the deceased borrower, is the adoption of the inheritance. This situation is resolved by Article 1175 of the Civil Code. If the inherited property goes to the relatives of the deceased under the law or under a will, it necessarily accepted and debts. At the same time the domestic legislation does not allow the adoption of the inheritance, so consent to any property after the testator would entail the possibility of bringing to the heir to the requirements of the obligations of the debtor.

What You Should Know accepted the inheritance to relatives?

It should be noted that the adoption of inheritanceis a purely voluntary act, the need for which is determined by each heir own. If the relative does not come into an inheritance, but there are no other heirs, the property on expiry of the statutory term becomes the property of the state and obligations to creditors can be satisfied with its implementation. A similar rule applies in making the inheritance, that is a relative came into an inheritance, can be held liable only up to the value of property received. If several heirs, it may be required to repay the debt solely to the value of a share. The main problem, which is not easy to decide before the expiry of the period for acceptance of the inheritance, is to identify existing obligations of the testator, their size, the names of the creditors.

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