Is it obligatory for the old man to help his son take care of his grandson?

Nowadays, it is common for grandparents to bring grandchildren, and many people have a blank concept of whether there is legal restraint on this phenomenon. First of all, according to the law, grandparents have no mandatory obligation to take care of the next generation while the parents are alive. According to Article 28 of the Marriage Law, the conditions for grandparents to raise their grandchildren are:

The following three conditions must be met at the same time to create a grandparent's obligation to support their grandchildren1 The dependent (and grandchild) is not yet a minor and does not have the ability to live independently2 The parents of the dependent (and the grandchild) are deceased or unable to support them. "Parents are deceased" or "parents are unable to support them" means that both parents are deceased, or neither is able to support them, or one parent dies and the other parent is unable to support them. 3. The caregiver (and grandparents and maternal grandparents) have the affordability to afford it, including economic conditions and guardianship ability, and only with the above three conditions can the elderly have the ability to raise grandchildren.

However, as originally stated, this is not a mandatory obligation.

According to the law, grandparents have no mandatory obligation to take care of their next generation while their parents are still alive. But generally from the perspective of family affection, grandparents and grandparents will help within their own ability, and those who have money will contribute and make a strong contribution. If the old man is not capable, the younger generation cannot be demanding.

Some people think that it is a "convention" for grandparents or maternal grandparents to raise their grandchildren, not to mention that family members also have the obligation to help each other, so it is appropriate for the elderly to bring their grandchildren at their own expense.

Another view is that grandparents or maternal grandfathers do not have a legal obligation to support their own grandchildren, and grandparents take care of children for their children, and the nature of such behavior is no different from hiring a nanny, and a labor contract relationship is formed between them and their children, and the children should pay the corresponding labor fees.

The third view is that parents have the obligation to raise and educate their children, and since the grandparents or maternal grandparents raise their grandchildren on behalf of their children in accordance with the provisions of the Contract Law, they should pay the corresponding expenses to the elderly.

According to the laws of our country, parents are the legal guardians of their children and have the obligation to raise and educate their children. At present, there is no relevant legal provision on "bringing grandchildren" in China's law, so in judicial practice, we have the right to require the beneficiary to reimburse the necessary fees for jujube in accordance with the provisions of the General Provisions of the Civil Law on management without cause, that is, there is no statutory or contractual obligation, and in order to avoid the loss of the interests of others.

However, at the same time, we should make it clear that since there is no written or oral labor contract between the elderly and their children, and no labor contract relationship has been formed between the two parties, the "grandchild fee" claimed by the elderly refers to the expenses actually spent by the elderly on behalf of his children, and is not the labor fee obtained by the elderly through litigation.

In the traditional concept of our country, it seems to be a natural thing for an old man to take his grandchildren. In many cases, the old man not only has to bring his grandson, but even has to pay out of his own pocket to support his grandson, so it has become a novelty for the old man to ask his children for "bringing grandchildren".

Judging from the current legal provisions, the elderly do not have a legal obligation to bring their grandchildren. According to civil law, parents are the legal guardians of their children, the guardians in the first order, and it is the legal obligation of parents to raise minor children, which is unconditional, and this obligation to raise and educate minor children cannot be exempted under any circumstances, because the children have the ability to undertake the obligation of support and guardianship, and because the elderly do not have the legal obligation or contractual obligation to raise their children.

According to the General Principles of the Civil Law, if there is no statutory or contractual obligation, in order to avoid the loss of management or services to the interests of others, the beneficiary has the right to demand reimbursement for the necessary expenses paid thereby. Therefore, Lao Liu has no legal obligation to raise his grandson, but he bears the responsibility of raising his grandson.

Recently, the news that an old man asked the other party to pay compensation after helping his children take care of his children has attracted many people's attention and related discussions. ......Whether children are obliged to pay grandchild fees for the elderly who help them take care of their children needs to be analyzed from many aspects. Specifically, there is no legal obligation to bring grandchildren, the elderly do not have the obligation to bring grandchildren, and from the perspective of remuneration for labor, children should pay grandchildren to the elderly.

1. From a legal point of view, there is no obligation for children to pay for the elderly and grandchildren.

The relevant laws stipulate that parents have the obligation to support their children, and children have the obligation to support their parents. This is a very clear thing. ......However, the relevant law does not stipulate that children are obliged to pay grandchildren to elderly people who help them take care of their children.

Therefore, from the perspective of rights and obligations, children do not have to pay grandchild fees.

2. The relevant laws do not stipulate that the elderly have the obligation to help their children take care of their grandchildren.

Although children are not obliged to pay for the grandchildren of the elderly who help them take care of their children, according to the relevant laws, the elderly are also not obliged to help their children take care of the children. ......Specifically, the elderly can completely ignore their children and grandchildren. Children also have no right to ask the elderly to bring their own children.

3. From the point of view of getting paid for the work of the Fuji branch, the children should pay the elderly.

Although according to the relevant laws, the elderly have no obligation to help their children take care of their grandchildren, and the children are not obliged to pay the fees for the elderly to bring their grandchildren, but from the actual situation, the corresponding compensation still needs to be given. ......The reason for this is that the old man helps his children to take care of their grandchildren, after all, he has paid for his labor, so he should be paid. If the children of the elderly do not pay this part of the remuneration, it is unreasonable and does not comply with relevant laws and regulations.

From that point of view.

Legal Analysis: None. The child's first-order guardian should be his or her own parents, and it is the legal duty of the parents to raise the child, and the grandparents can raise the grandchild when the minor's parents are dead or incapacitated.

Legal basis: Civil Code of the People's Republic of China

Article 26: Parents are responsible for the upbringing, education, and protection of their minor children.

Adult children have an obligation to their parents to support, support and protect them.

Article 27: Parents are the guardians of minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Affirm the value of the behavior of the elderly and grandchildren, and carry forward the core values of socialism.

The elderly bringing their grandchildren is a kind of spiritual and labor contribution to their children based on blood parent-child relationship and ethical common sense, which is the continuation and inheritance of traditional Chinese virtues, but many young people will take this kind of contribution for granted. On the one hand, they express their love for their children and share the burden of their children's lives, and on the other hand, they hope to gain the respect and care of their children by helping their children.

It is true that in the process of assisting their children in raising grandchildren and grandchildren, the elderly can get the spiritual satisfaction of being happy and happy, but it cannot be denied that the elderly do not pay and labor services are not their legal obligations, and their essence is a kind of sacrifice and service, which objectively also detracts from the health, energy, money, and freedom of the elderly to pursue their own spiritual and cultural life needs. Especially under the modern lifestyle of free population movement, many elderly people have to bear the pain of separation between the two places in order to help their children and grandchildren, and the natural psychology and incomprehension of young people will make the elderly feel indifferent and helpless emotionally. When the elderly are still unable to gain understanding and respect for their efforts, the law of Fa Ji Cha has become the only one for them to prove themselves.

It is not only reasonable and reasonable for the elderly to claim the grandchild fee from their children after they have paid, but also has a legal basis, which is the right of the elderly. In this case, although Wang's claim was not supported, the judge recognized that the old man's act of bringing grandchildren for his children constituted management without cause, so if the elderly incurred necessary expenses for bringing his grandchildren, he could request his children to pay for them; If a child suffers a loss as a result of bringing a grandchild, he may request that the child give appropriate compensation.

The experience of the elderly reminds the elderly that although assisting children and grandchildren is often voluntary, in order to avoid disputes in the future, no evidence when going to court, and asserting rights, it is still necessary to have a certain sense of evidence retention, and retain some written and paper evidence in the process of daily care of children and grandchildren, which is conducive to claiming rights in the event of disputes. Seniors and adult children can also protect their rights by entering into written agreements and keeping receipts of expenditures.

Thousands of loves, thousands of graces, love me, who know my parents? "As the younger generation, we should realize that it is not a legal obligation for parents to bring a baby for themselves, but out of affection and love, the requirements of the elderly are not high, and the young people should learn to empathize with each other in their daily lives, respect and tolerate their parents, understand the difficulties of their parents, repay their parents' efforts, and always be grateful and caring. Respecting the elderly and caring for the young is a fine tradition of the Chinese nation, and affirming the value of the elderly's behavior of bringing their grandchildren is conducive to building harmonious, stable, solidarity and mutual assistance in family and social relations, and promoting the core values of socialism.