According to your question, who will bear the debt when the debtor dies
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
（2） Article 24 of the Law of the People's Republic of China stipulates that: "If the creditor claims rights against the debtor's spouse for debts incurred by one of the husband and wife in their personal name during the marriage relationship, it shall be treated as joint debts of the husband and wife." If the debtor has a spouse and the debt is also a joint debt of the husband and wife, it can be recovered from his or her spouse; Article 33 of the Inheritance Law stipulates: "Inheriting an estate shall pay off the taxes and debts that the decedent should pay according to law." Therefore, if the debtor has an estate, you can also claim compensation from his successor.
Debt Transfer Agreement
This agreement is signed by the following parties in ____ City, ____ Province on ____ Date:
A Co., Ltd. (hereinafter referred to as "Company A"), a limited liability company established and existing in accordance with the laws of China, with its legal address at No. ____ Road, ____ City, ____ Province;
B Co., Ltd. (hereinafter referred to as "Company B"), a limited liability company established and existing in accordance with the laws of China, with its legal address at No. ____ Road, ____ City, ____ Province;
Factory C, a state-owned enterprise established and existing in accordance with Chinese laws, with its legal address at No. ____ Road, ____ City, ____ Province;
The above entities are referred to individually as a "Party" and collectively as "Parties".
preface
Whereas: Company A, ×××× Co., Ltd. (hereinafter referred to as the "Joint Stock Company") and Factory C signed the Debt Undertaking Agreement on ____, which agreed that Factory C would bear the liability of the Joint Stock Company to its sponsor, Company A, which was worth ____ million yuan due to the share buyback, and Company A became the creditor of Factory C;
Whereas: Company A intends to transfer its above creditor's rights to Plant C (hereinafter referred to as "creditor's rights"), and Company B intends to transfer such creditor's rights;
Therefore, the parties agree as follows:
Article 1 Assignment of Creditor's Rights
1.1 Company A agrees to transfer creditor's rights to Company B according to the terms and conditions of this agreement, and Company B agrees to transfer creditor's rights from Company A according to the terms and conditions of this agreement.
Article 2 Representations, Warranties and Commitments
2.1 Company A promises and guarantees that:
Article 3 Liability for breach of contract
3.1 Each party agrees that if one party violates the statement, guarantee, commitment or any other obligation made in this Agreement, causing the other party to suffer or incur damage, loss, claim, punishment, litigation and arbitration, costs, obligations and/or liabilities, the defaulting party must make full compensation to the other party and keep it free from its harm.
Article 4 Effectiveness
4.1 This Agreement shall come into force after being signed by the authorized representatives of each party.
Article 5 Applicable Law
5.1 The conclusion, effectiveness and interpretation of this Agreement shall be governed by Chinese laws.
Article 6 Other Provisions
6.1 Any modification and supplement to this Agreement must be in writing and signed by the legally authorized representatives of each party.
In witness whereof, the parties hereto have caused their legally authorized representatives to sign this Agreement on the date stated at the beginning of this Agreement.
Company A (official seal) Company B (official seal) Factory C (official seal)
Authorized representative: __________ Authorized representative: __________ Authorized representative:____________________
1、 At the same time, perform the right of defense. In a bilateral contract, if the party who should perform at the same time has evidence to prove that the other party cannot perform at the time of simultaneous performance or cannot perform as agreed, it has the right to retain its own obligation to pay, and this right to retain payment is the right to defend simultaneous performance. Article 66 of the Contract Law stipulates that if the parties bear debts to each other and there is no order of performance, they shall perform at the same time. One party has the right to refuse its request for performance before the other party performs. When the other party's performance of the debt is inconsistent with the contract, one party has the right to refuse its corresponding performance requirements.
2、 The right of defense shall be fulfilled later. In a bilateral contract, if the party who should perform first fails to perform or fails to perform as agreed, the other party who has reached the time limit for performance has the right to refuse to perform or partially refuse to perform, which is the right of defense of late performance. Article 67 of the Contract Law stipulates that if the parties owe each other debts and there is a sequence of performance, if the party performing first fails to perform, the party performing later has the right to refuse its request for performance. If the party who performs first fails to perform its obligations as agreed, the party who performs later has the right to refuse its corresponding requirements for performance.
3、 Right to plead unease. The right of defense of unease, also known as the right of defense of first performance, means that after the formation of a bilateral contract, when the party who should perform first has evidence to prove that the other party is unable to perform its obligations, or is likely to be unable to perform its contractual obligations, it has the right to unilaterally suspend the performance of its contractual obligations before the other party fails to perform or provides security. Article 68 of the Contract Law stipulates that the party who should perform its obligations first may suspend its performance if there is conclusive evidence proving that the other party has one of the following circumstances:
（1） The business condition has seriously deteriorated;
（2） Transferring property and withdrawing funds to avoid debts;
（3） Loss of business reputation;
（4） There are other circumstances in which the ability to pay debts is lost or may be lost. If a party suspends its performance without conclusive evidence, it shall be liable for breach of contract. It should be noted that if a party suspends the performance of its obligations in accordance with the above provisions, it shall notify the other party in a timely manner. When the other party provides an appropriate guarantee, it shall resume performance. After the suspension of performance, if the other party fails to restore its ability to perform and provide appropriate security within a reasonable period of time, the party whose performance is suspended may terminate the contract.
