Husband Borrowed Money but Passed Away, Does the Wife Have to Repay the Debt?
Article 466 of the 2015 Civil Code stipulates the obligation to repay debts of the borrower:
When the borrowed asset is money, the borrower must repay the full amount when due; if the asset is an item, the borrower must return an item of the same type in the correct quantity and quality, unless otherwise agreed upon.
In cases where the borrower cannot return the item, they may repay in money equivalent to the value of the borrowed item at the place and time of repayment, if agreed by the lender.
The place of repayment is the residence or head office of the lender, unless otherwise agreed upon.
In the case of an interest-free loan, if the borrower fails to repay the debt or does not fully repay it when due, the lender has the right to request interest payments at the rate specified in Clause 2, Article 468 of this Code on the overdue debt amount for the corresponding delayed period, unless otherwise agreed or provided by law.
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Thus, when the borrowed asset is money, the borrower must repay the full amount when due. However, according to the presentation, your husband has passed away. At this time, you need to review the clauses in the contract mentioning the obligation to repay the debt when the borrower passes away to determine who is responsible for repayment. Therefore, you need to review the loan agreement and the purpose of the loan, and if the loan was for essential family purposes, the wife is also obligated to repay the debt (Article 37 of the 2014 Law on Marriage and Family).
Furthermore, according to Article 615 of the 2015 Civil Code, regarding inherited assets, the heirs are responsible for repaying debts within the estate left by the deceased. If the debtor cannot be determined from the contract, the wife in this case is responsible for repaying the debt within the estate left by the deceased husband.
Respectfully!
