Eldest Son Not Receiving Inheritance: Is He Obligated to Repay Parents' Debt?
Based on Article 70 of the Law on Marriage and Family 2014, the rights and obligations of children are stipulated as follows:
Children are loved, respected, and afforded the exercise of rights and legal benefits regarding their person and property as prescribed by law; they are entitled to education and training; and they are guaranteed healthy development in physical, intellectual, and ethical aspects.
Children are obligated to love, respect, be grateful, and be dutiful to their parents, to take care of their parents, and to uphold the honor and good traditions of the family.
Minor children, adult children who lack legal capacity, or children unable to work and without assets to support themselves are entitled to live with their parents, to be taken care of, nurtured, and attended to by their parents. Minor children shall participate in family work in accordance with their age and not contrary to the provisions of law on the protection, care, and education of children.
Adult children have the right to freely choose their occupation, place of residence, study, and to improve their cultural, professional, and vocational qualifications; they can participate in political, economic, cultural, and social activities according to their desires and capacities. When living with their parents, children have the obligation to participate in family work, to labor, produce, and contribute income to ensure the family’s common life; they shall contribute their income to meet family needs in accordance with their abilities.
Children are entitled to property rights corresponding to their contributions to the family’s assets.
Based on Clause 1 of Article 615 of the Civil Code 2015, obligations regarding the property left by the deceased are stipulated as follows:
Heirs are responsible for fulfilling the obligations pertaining to the assets within the inheritance left by the deceased, unless otherwise agreed.
Therefore, children are not legally obliged to repay their parents' debts under marriage law, and only heirs who receive the inheritance are responsible for fulfilling the obligations left by the deceased. However, from a moral perspective and considering the relationship between children and parents, children should reconsider the matter of repaying debts on behalf of their parents, and it should be seen as necessary.
Respectfully!
