近来,笔者在基层行、社清收旧贷时听到这么一句话:父债子还,天经地义。一部分基层所社信贷员因法律知识贫乏,在清收债务人死亡后的遗留旧贷时,不加区别地责令子辈偿还父辈所欠旧贷,导致在收贷工作中产生一些法律纠纷,影响了行社声誉。 实际上,父债子还并非是天经地义的。按照法律规定,子女只有作为父母遗产的继承人,才对被继承人生前所欠的合法债务在遗产实际价值范围内负清偿责任。也就是说,未作为遗产继承人的子女,不负有偿还债务的义务。同时,《中华人民共和国继承法》第33条规定:继承遗产 Recently, the author heard at the grassroots level, the old social security loan such a sentence: the parent debt also, of course. As a result, due to the lack of legal knowledge, some loan officers at the grass-roots level have indiscriminately ordered their children to repay the old loans owed by their fathers when they collect the old loans left after the death of the debtor, resulting in some legal disputes in the collection and lending of loans, affecting Bank reputation. In fact, the parent debt is not just right. According to the law, only as a heir to the parents' inheritance, children bear the responsibility for the legal debts owed by the decedent within the real value of the estate. In other words, children who are not inheritors have no obligation to repay their debts. At the same time, Article 33 of the “Inheritance Law of the People's Republic of China” stipulates: Inheritance of inheritance