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And is there a legal provision for the direct cultivation of the elderly? Not yet, and I hope that our country should establish this kind of law to enforce it.
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According to China's maintenance law, children have the obligation to support the elderly.
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First of all, the children raised by the parents grow up, so the children of the parents have the responsibility to support their parents when they are old, and the nieces and nieces of the elderly have the obligation to support the elderly, which is a legal obligation. Unless special circumstances are: The elderly person has no obligation to support the child if he has abandoned the child before.
In this case, then the children do not need to have an obligation to support the elderly.
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As long as you inherit the inheritance of the elderly, you have the right to support the elderly!
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The law stipulates that children have the obligation to support the elderly.
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Legal Analysis: Children need to fulfill the obligation of support to the elderly.
Legal basis: Article 1067 of the Civil Code of the People's Republic of China stipulates: [Parents' Obligation to Support and Children's Obligation to Support] If parents fail to perform their obligation to support, minor children or adult children who cannot live independently have the right to request their parents to pay child support.
Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
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Legal Analysis] The supporter shall fulfill the obligation to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. Therefore, the complete maintenance obligation includes three aspects: material support, spiritual comfort, and life care. 1.
Proper arrangements shall be made for the elderly's housing, and the elderly shall not be forced to move to houses with poor conditions. Children or other relatives must not encroach on the housing owned or rented by the elderly, and must not change the property rights or lease relationship without authorization. The caregiver has the obligation to maintain the owner's own home.
2.The caregiver shall not require the elderly to undertake work beyond their means. 3.
The supporter must not refuse to perform the obligation of support on the grounds of renunciation of inheritance rights or other reasons. If the supporter fails to fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance. The freedom of marriage of the elderly is protected by law.
Children or other relatives must not interfere with the divorce, remarriage, or post-marital life of the elderly. The dependant shall not be eliminated by the change of the marriage of the elderly. 4.
Children should not only support their parents, but also respect their parents, care for them, and provide support in all aspects of family life. When the elderly, infirm, sick and disabled, they should be properly cared for, so that the elderly can be comforted emotionally and spend their old age happily.
Legal basis] Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, Article 14 A person who is a supporter of the elderly shall perform the obligations of economic support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly. Supporters refer to the children of the elderly, and other persons who have the obligation to support them in accordance with the law. The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.
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