My brother owes money. Does the elder sister have the obligation to pay back the money for the elder brother?

If the younger brother is a minor or a mental patient who can't identify his own behavior, the elder sister is his guardian, and the elder sister has the obligation to pay back the money for the younger brother; If the younger brother is a citizen over 18 years old, an adult, with full capacity for civil conduct, and can independently carry out civil activities, the elder sister has no obligation to pay back the money for the younger brother.

According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 11 of the Civil Law of People's Republic of China (PRC),/kloc-citizens over 0/8 years old are adults, with full capacity for civil conduct, and can conduct civil activities independently. A citizen who has reached the age of 16 and is under the age of 18 and whose main source of livelihood is his own labor income is regarded as a person with full capacity for civil conduct.

According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 12 of the Civil Law of People's Republic of China (PRC), minors over the age of 10 are persons with limited capacity for civil conduct and can engage in civil activities appropriate to their age and intelligence. Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives. Minors under the age of 10 are persons without capacity for civil conduct, and their legal representatives act as agents in civil activities.

According to Article 13 of the General Principles of the Civil Law of People's Republic of China (PRC) and the Civil Law of People's Republic of China (PRC), a mental patient who can't identify his own behavior is a person without capacity for civil conduct, and his legal representative acts as an agent for civil activities. Mental patients who can't fully recognize their own behavior are people with limited capacity for civil conduct and can carry out civil activities that are suitable for their mental health; Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives.

According to Article 14 of the General Principles of the Civil Law of People's Republic of China (PRC), the guardian of a person without or with limited capacity for civil conduct is his legal representative.

Extended data

According to the General Principles of Civil Law of People's Republic of China (PRC) and Article 16 of Civil Law of People's Republic of China (PRC), parents of minors are guardians of minors. If a minor's parents are dead or have no guardians, the following persons with the qualifications of guardians shall serve as guardians:

(1) grandparents, grandparents;

(2) brothers and sisters;

(three) other close relatives and friends are willing to assume the responsibility of guardianship, with the consent of the unit where the minor's parents work or the residents' committee or villagers' committee of the minor's domicile.

If there is any dispute about being a guardian, it shall be designated by the unit where the minor's parents belong or the residents' committee or villagers' committee where the minor's near relatives live. If a lawsuit is filed against the designation, it shall be ruled by the people's court. If there is no guardian as stipulated in the first and second paragraphs, the guardian shall be the unit where the minor's parents belong or the residents' committee, villagers' committee or civil affairs department of the minor's domicile.

According to the provisions of Article 17 of the General Principles of the Civil Law of People's Republic of China (PRC), mental patients without or with limited capacity for civil conduct shall be guardians by the following persons:

(1) spouse;

(2) parents;

(3) adult children;

(4) Other close relatives;

(five) other close relatives and friends are willing to assume the responsibility of guardianship, with the consent of the unit where the mental patient works or the residents' committee or villagers' committee of the place of residence.

If there is any dispute about being a guardian, it shall be designated by the residents' committee or villagers' committee of the unit where the mental patient belongs or the place where his near relatives live. If a lawsuit is filed against the designation, it shall be ruled by the people's court. If there is no guardian as stipulated in the first paragraph, the unit to which the mentally ill person belongs or the residents' committee, villagers' committee or civil affairs department of his domicile shall act as the guardian.

According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 18 of the Civil Law of People's Republic of China (PRC), the guardian shall perform his guardianship duties, protect the person, property and other legitimate rights and interests of the ward, and shall not dispose of the property of the ward except for the benefit of the ward. The right of guardians to perform their guardianship duties according to law is protected by law.

If the guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear the responsibility; If property losses are caused to the ward, compensation shall be made for the losses. The people's court may, upon the application of the relevant person or unit, revoke the qualification of guardian.

According to Article 19 of the General Principles of Civil Law of People's Republic of China (PRC), the interested party of a mental patient may apply to the people's court to declare the mental patient as a person without or with limited capacity for civil conduct. If a person is declared as a person with no or limited capacity for civil conduct by the people's court, the people's court may, on the application of himself or an interested party, declare him as a person with limited or full capacity for civil conduct according to his health recovery.

National People's Congress-General Principles of People's Republic of China (PRC) Civil Law