On the Internet, some netizens joked: "When I die, you can inherit my Ant Huabei!" This raises a question worth pondering: "Use first when using Huabei, credit cards, etc." If the Huabei borrower or credit card holder dies, who will repay the debt?

Many netizens discussed this. Some said: "The money I owe must be paid by my husband!" Others said: "The debt should be paid by my parents. After all, I am here." The contact person entered when applying for a credit card is my parents, and the bank will definitely ask for it. "Someone even said: "The money was lent to me by Alipay and the bank voluntarily. I borrowed it based on my ability. Why should I pay it back?"

Among the different opinions, there is no correct answer!

First of all, what needs to be confirmed is that whether it is Huabei debt or credit card debt, the repayment amount needs to be paid even if the borrower dies! So, who specifically bears the responsibility for repayment will be explained below through a real case heard by the Ji'an County People's Court.

On October 20, 2015, Zhang Xiaoming applied for a credit card from a certain bank, filled out the "Credit Card Application from a certain bank" and signed, agreeing to abide by the "Credit Card Usage Agreement from a certain bank".

As of September 1, 2020, Zhang Xiaoming incurred an arrears of principal of 16,951.32 yuan, interest of 818.27 yuan, and liquidated damages of 1,634.66 yuan due to overdraft on the card. On March 17, 2020, Zhang Xiaoming committed suicide for some reason.

Zhang Xiaoming purchased a house on December 23, 2015, for a purchase price of 868,127 yuan. After Zhang Xiaoming's death, his father Zhang Bo inherited his property. The bank believed that Zhang Bo was responsible for repayment, but Zhang Bo believed that he was not qualified for a credit loan and there was no credit card dispute with the plaintiff. In desperation, the bank sued Zhang Bo to the People's Court.

After hearing, the court held that this case was a dispute caused by a financial institution requiring the legal heir of the cardholder to repay the debt on behalf of the cardholder after the death of the credit card holder. The cause of this case should be a dispute over the debt settlement of the deceased. Zhang Xiaoming applied for a credit card from the plaintiff, filled out the "Credit Card Application from a Certain Bank" and signed and agreed to abide by the "Credit Card Acceptance Agreement from a Certain Bank", which was the true expression of intention of both parties and was legal and valid.

The plaintiff issued a credit card to Zhang Xiaoming as agreed, and Zhang Xiaoming should repay the principal and interest of the outstanding balance according to the agreement after using the overdraft. Now that Zhang Xiaoming is dead, the defendant Zhang Bo has inherited the house inherited from Zhang Xiaoming and should repay the debt owed by Zhang Xiaoming within the scope of the inheritance.

It can be seen from the above cases that debt disputes caused by credit cards have clear legal provisions. According to Article 1161 of the "People's Republic of China and Civil Code", the heirs shall pay the actual value of the inheritance. To pay off the taxes and debts that the deceased should pay according to the law. This does not apply to the amount that exceeds the actual value of the estate and is voluntarily repaid by the heirs. If the heir gives up the inheritance, he will not be liable for the taxes and debts that the decedent should pay according to law.

In practice, credit cards have generally become a necessary item for "advanced consumption", resulting in many loan disputes. In addition to the above situations, according to Article 1000 of the "People's Republic of China and Civil Code" Article 64: Debts borne by both spouses with the same consent, such as signatures or subsequent ratification by one spouse, as well as debts borne by one spouse in his own name for the daily needs of the family during the marriage, It is a joint debt between husband and wife. If the debt is a joint debt between husband and wife, the other spouse should still continue to repay the credit card balance. If the debt is not used for family needs, the other party has no obligation to repay it.

If the cardholder has neither inheritance nor a spouse, then the credit card debts consumed during his lifetime can only be treated as bad debts or the bank can take legal measures to protect its rights, and should not be held by the cardholder. Relatives such as parents, brothers, sisters, etc. shall bear the responsibility.

In summary, "advanced consumption" channels such as credit cards and Huabei have undoubtedly promoted people's spending power, but they have caused many disputes. Banks should improve the application system, and credit card holders should also promptly Repay the loan to avoid breach of trust and other situations.

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