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Whether the creditor's rights can be inherited

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Whether the creditor's rights can be inherited


        

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  • 2024-06-26 20:01:43

    Whether the creditor's right can be inherited depends on the different forms of the creditor's right. There are many reasons for the occurrence of debt, such as the debt of contract, the debt of management without cause, the debt of unjust enrichment, the debt of infringement, etc. In principle, all creditor's rights can be inherited by the heir, but creditor's rights with personal specificity, such as children's right to claim parental support, disabled servicemen's right to claim pensions from relevant departments, are inseparable from the person of the heir, and will be extinguished with the death of the heir, and cannot continue to be enjoyed by the heir as an inheritance. Creditors' rights as inheritance must be those existing at the beginning of inheritance. Creditors' rights that arise after the beginning of inheritance cannot be regarded as inheritance.
    (1) Creditors' rights arising from contracts, negligent management, unjust enrichment and infringement are all inheritable. Management without cause refers to management or service without legal or agreed obligations to avoid losses to the interests of others. Article 93 of China's General Principles of Civil Law stipulates that the administrator has the right to require the beneficiary to pay the necessary expenses for management or service. In this way, the creditor debtor relationship occurs between the manager without cause and the beneficiary who benefits from the management without cause. If the administrator dies without cause, his successor can inherit the creditor's rights arising from the management without cause, and has the right to request the beneficiary of the management without cause to repay the cost of management or service. Unjust enrichment refers to gaining benefits by making others suffer losses without legal basis. According to the provisions of Article 92 of the General Principles of Civil Law of China, if an unjust enrichment is obtained and causes losses to others, the unjust enrichment obtained shall be returned to the person suffering losses. If the injured person dies, his successor may also inherit the creditor's rights arising from the unjust enrichment and has the right to request the beneficiary to return the unjust enrichment he has obtained.
    (2) Claims arising from infringement of property rights can be regarded as inheritance. If Party A damages all the machines owned by Party B, its successor, C, has the right to continue to exercise the creditor's rights arising from the infringement and claim compensation from Party A. There is no explicit provision in the law on whether the creditor's rights arising from the infringement of the personal rights of the offender can be inherited. Recently, many victims who advocate personal injury do not claim compensation or die without claiming compensation, which is regarded as claiming compensation, so the heir can inherit his right to claim compensation. If the victim has made a clear claim for compensation before his or her death, his or her heirs can certainly claim for compensation from the infringer.

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