In 2012, a resident of the Belarusian city of Zhlobin took out a loan for $ 640. The man regularly paid the debt until the day of his death. After that, the bank demanded that the mother and the widow pay the loan. Note that the widow at that time was on maternity leave.
In this case, the women were not guarantors. The man’s mother, Margarita Dmitrievna, paid part of the debt to the bank. The wife due to the difficult material condition contributed money in parts, but died in 2016. The girl Angelina became an orphan, and Zoya Alekseevna, the mother of a woman, became her guardian.
In 2019, IdeyaBank applied to the court, which divided the debt of the deceased spouses equally between the elderly mother of the man and his eight-year-old daughter. By the way, the court allowed the daughter to repay his part of the debt upon coming of age.
“The granddaughter was included in the debtors, because in that old small apartment of the second grandmother, where my daughter and her husband were registered, some measures were left in her inheritance,” explains Zoya Alekseevna.
It should be noted that the guardian grandmother does not want the girl to owe a bank at the age of 18 “for the fact that her parents died”. The woman is determined to appeal the court decision.
The bank wants to return about $ 150. Margarita Dmitrievna is not in a hurry to pay the debt. This is her principled position.
“During the life of my son, I gave him half of the apartment. Now I have to pay for the fact that I inherited a part of this half in my own apartment, which I received from the plant, having worked there 40 years before retirement”, the pensioner explains.
The court did not take into account the physical and financial condition of the mother of the deceased debtor. A woman hardly moves around the apartment and no longer goes out on the street. Her social worker confirmed this information in court.
On the legal side, everything is legal. Each of the heirs is responsible for the debts of the testator within the value of the inherited property transferred to him.
In the absence or insufficiency of inherited property, a credit obligation ceases due to the impossibility of performing, respectively, fully or in the missing part of the inherited property (clause 1 of Article 386 of the Civil Code of the Republic of Belarus). In this case, the loan was insured against default.
On the moral side, the situation looks absurd. The bank is able to forgive a debt of $ 160, given the plight of an elderly woman and a little girl.
From Zoya Alekseevna, Angelina's guardian, the bank received a statement asking for an installment plan for 12 months.
“The bank took into account the situation and satisfied the applicant's request. From Margarita Dmitrievny to the bank no appeals or applications have been received. We are attentive to the appeals received, when making a decision we take into account the objective circumstances set forth by the applicants”, the bank representative commented.
The bank is currently considering this issue based on a court decision. One can only hope that all circumstances will be taken into account, and the eight-year-old orphan and her 83-year-old grandmother will not remain hostage to the circumstances.
Authored by Belarus Insider
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