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江某死亡后,遗产已经分割。甲按遗嘱继承5万元现金,乙按遗赠分得字画一幅(价值8万元),丙和丁按法定继承分得住房一套(价值40万元)。经查,江某生前尚欠戊债务6万元。欠戊的债应由(  )。

  • A.甲、乙、丙、丁偿还
  • B.甲、丙、丁偿还
  • C.乙偿还
  • D.丙、丁偿还
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答案: D
本题解析:

本题属于法条应用题,考核的知识点是遗产债务的清偿程序和方法。依据我国《继承法意见》第62条的规定,遗产已被分割而未清偿债务时,如有法定继承又有遗嘱继承和遗赠的,首先由法定继承人用其所得遗产清偿债务;不足清偿时,剩余的债务由遗嘱继承人和受遗赠人按比例用所得遗产偿还;如果只有遗嘱继承和遗赠的,由遗嘱继承人和受遗赠人按比例用所得遗产偿还。本题中,既有法定继承,又有遗嘱继承,所以应由法定继承人丙和丁首先用其所得遗产清偿债务,丙和丁所得遗产住房一套,价值40万元,被继承人生前欠戊债务6万元,法定继承人丙和丁所得遗产足以清偿债务。因此选项D正确,其他选项不选。 【评注】熟记《继承法意见》第62条关于遗产债务清偿的程序和方法方面的法律规定,就可以轻松应答此类题目了。

更新时间:2021-12-07 02:00

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This would be a romantic adventure. We would row the canoe on the lake under a beautiful bluesky. I was confident it would all go according to plan.?

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