When my father was alive, he lent me money. Can I collect the debt now?

TRAN VAN BINH(Hai Duong City)

Reply:

According to Article 463 of the 2015 Civil Code, a property loan contract is an agreement between the parties. When the repayment term comes, the borrower must return to the lender the same type of property in the correct quantity and quality and must only pay interest if there is an agreement or if the law so stipulates.

According to Article 194 of the 2015 Civil Code, the owner has the right to sell, exchange, donate, lend, inherit, renounce ownership, consume, destroy or carry out other forms of disposal in accordance with the provisions of law on property.

Here it can be understood that the right to claim debt is also a type of property and the debtor has the right to bequeath this right to claim debt.

Therefore, in case your father has passed away, the co-heirs of the first order of inheritance of your father have the right to request the borrower to pay the money according to the agreement. If the borrower deliberately refuses to pay, the co-heirs can file a lawsuit asking the court to resolve the case and force the borrower to pay your family.

Note: When filing a lawsuit, you need to prepare documents and evidence to prove that your father lent the above amount of money to the other party. So, you need to check and clarify the following issues:

- Was the loan transaction between your father and the borrower made in writing or orally?

- Was there a witness when the money was delivered?

- Does the recipient admit to borrowing the above amount of money from your father?

- Is there a term for the loan, and if so, for how long?

- Do the parties have an agreement on interest calculation?