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Hello, glad to answer for you.
Article 28 of the General Principles of the Civil Law of the People's Republic of China stipulates: "Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.
Article 29: "An older brother or sister who can afford it has the obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them. Younger brothers and sisters who are raised by older brothers and sisters who can afford it have the obligation to support older brothers and sisters who lack the ability to work and lack livelihood.
It can be seen that there are three conditions that need to be met for a brother to raise a brother: (1) the brother must be raised by the elder brother; (2) The brother must have the ability to support him; (3) The elder brother lacks the ability to work and has no livelihood.
You can refer to it.
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If the elder brother has limited or no civil capacity, and has no other guardian, it is the situation you are talking about.
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Legal Analysis: There is an obligation to support the elder brother in law, but certain conditions must be met, and generally only the obligation to support the parents. Maintenance generally refers to the maintenance of a child to his or her parents.
Among brothers and sisters, the younger brother and sister who are raised by the elder brother or sister and who can afford it have the obligation to support the elder brother or sister who lacks the ability to work and lack of livelihood.
1. Can parents support adults with severe disabilities?
Yes, the legal dependents of persons with disabilities include the following three orders: first, spouse, parents, and children; the second is grandparents, maternal grandparents, grandchildren, maternal grandchildren; The third is brother and sister. The law stipulates that older brothers and sisters who can afford it have the obligation to support minor brothers and sisters whose parents have died or whose parents are unable to support them.
2. Who should raise the child after the death of his parents.
Where a child's parents are deceased, the grandparents who can afford it shall perform their obligation to support the minor child; If the child's grandparents are not alive, but the child has an older brother or sister, the elder brother or sister who can afford it has to support the minor brother or sister, and the brother or sister bears the obligation to support rather than the obligation to support.
3. Is it possible to change the dependency relationship?
It is possible to change the dependency relationship. A change of dependant can occur in two situations:
1. Where certain legal facts occur and the parents are dead or incapacitated, the adult siblings shall support the minor siblings in accordance with law;
2. The conditions for the establishment of support have changed, when the parents die, the siblings are not minors, the siblings should be raised by the grandparents who have the conditions, and when the siblings become adults, the grandparents lose the ability to support, so the obligation to support the minor siblings is changed from the grandparents to the siblings.
The law stipulates that older brothers and sisters who can afford it have the obligation to support minor brothers and sisters whose parents have died or whose parents are unable to support them.
Legal basis: Article 26 of the Civil Code.
Parents have a duty to upbring, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.
Article 1084.
The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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The law only stipulates that children have the obligation to support their parents, and there is no provision between brothers. Legal basis: Article 107 of the Civil Code of the People's Republic of China Article 107 and 15 Brothers and sisters who can afford it have the obligation to support their younger brothers or sisters whose parents have died or whose parents are unable to support them.
The elder brother or sister who supports the elder brother and sister who is blind and has the ability to afford it has the obligation to support the elder brother and sister who lack the ability to work and lack the ability to live.
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Legal Analysis: Yes, 1. If the elder brother or sister who can afford it dies or the parents are unable to support them, the minor younger siblings have the obligation to support them. 2. Younger brothers and sisters who are raised by older brothers and sisters who can afford it have the obligation to support their brothers and sisters who have lost their ability to work or lack economic support.
3. In the event of the death of a parent or the inability of the parents to support them, or the inability of the grandparents or maternal grandparents, if the elder brother or sister has the ability to support them, they shall fulfill the obligation to support the younger siblings who are minors or suffer from mental illness.
The legal basis is good:
Civil Code of the People's Republic of China Article 1075 An older brother or sister who can afford it has the obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them. The younger brother and sister who are raised by the elder brother and sister and can afford it, for the elder brother and sister who lack the ability to work and lack the ability to live, have the obligation to support the beam.
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