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The lawyer named the grounds for paying for other people's loans

Alibekov's lawyer: debt may pass to heirs, co-borrowers or spouses
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Photo: IZVESTIA/Polina Violet
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The obligation to repay someone else's loan may arise in several cases provided for by Russian law. Lawyer Asiyat Alibekova told about them on August 30.

One of these cases is receiving an inheritance. According to her, the heirs are responsible for the debts of the deceased only within the limits of the value of the property received. At the same time, it is impossible to renounce debts separately from inheritance: if a person accepts an apartment or other property, together with it he accepts the obligations of the testator.

Another option is a guarantee. The lawyer explained that the guarantor is jointly and severally liable with the borrower, therefore, in case of delay, the bank may require payment of the debt directly from him.

The co-borrower can also be responsible for the loan. Unlike the guarantor, he is a full-fledged participant in the loan agreement, therefore he is obliged to repay the debt if the main borrower stops paying.

The expert clarified that separate rules apply to spouses. If one of them has issued a loan and spent the money on family needs, the obligations may apply to both spouses. At the same time, divorce does not negate responsibility.

"In all these cases, the law protects not so much personal freedom from other people's debts as the creditor's right to get their money back," Alibekova said in a conversation with the Prime agency.

Gennady Karpov, Director General of the Strategy Law Bureau, reminded on August 10 that entering into inheritance does not impose on a citizen the obligation to continue alimony payments for the deceased, but the resulting alimony arrears will have to be paid off. According to him, if the inheritance is not accepted, then neither property nor obligations pass to the successor.

Переведено сервисом «Яндекс Переводчик»

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