This is a difficult case, and it can only be done if the legal conditions are met.
In ancient times, there has always been a saying that the father pays the debt of the son, but this is not in line with the concept of modern legal provisions.
According to the modern legal concept and the provisions of the current Civil Code, each person is an independent subject, and as a person with full capacity for civil conduct, the obligations that need to be borne by him or her need to be borne by himself, unless there are special circumstances.
In other words, it is only under special conditions that the son can bear the father's debts. Other than that, you can't ask your child to bear it.
Next, let's talk about these special cases.
1. The son is a co-borrower.
If it can be determined that it is a joint debt of the father and the son, of course, the two can be jointly liable for the repayment.
There are two types of performance that stand out.
The first type is that the son signs and stamps the borrower on the IOU. Of course, whether it is a signature or a handprint, only one of the two is sufficient.
The second type is that the money is transferred to the son's account, and the son actually uses it, and the son is aware of the matter of the loan. In this case, although the son did not sign, in the absence of evidence to the contrary, the son can be presumed to be a co-borrower.
2. The son voluntarily assumes the responsibility of guarantee.
This in turn includes several scenarios:
The first is that the son clearly states on the IOU that he is the guarantor and signs.
The second type is that the son issues a separate letter of guarantee or guarantee.
The third type is that the son undertakes to assume the guarantee liability after the fact.
However, it should be noted that there are two kinds of guarantee liability, one is ordinary guarantee liability, and the other is joint and several guarantee liability.
If it is an ordinary guarantee liability, the son can only be held liable if he/she is the father, unable to repay the loan, or has not left an inheritance.
However, in the case of joint and several guarantor liability, the son can be held liable regardless of whether the father has the ability to repay the loan or whether he has an inheritance.
3. The son inherits the estate.
When you have the right to inherit the estate, you naturally need to bear the corresponding obligations.
According to the provisions of the Civil Code, the estate left by the deceased at the time of death can be inherited, but the relevant debts and tax arrears must be paid before the inheritance.
In other words, if there is a debt, the debt must first be paid off with the estate, and the remaining part can be used for inheritance, including statutory inheritance and testamentary succession.
If the son inherits the estate, he needs to be responsible for repayment within the inheritance of the inheritance.
4. The son voluntarily repays the debt.
This is easy to understand, as long as the parties themselves are willing to bear the debts and are willing to repay the money, of course, there is no surprise.
Even if he is not a guarantor, even if he does not inherit the estate.
As a creditor, of course, I am in favor of it with both hands and feet.