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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.
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The old man has no obligation to look after his grandson, but there is this tradition in China, not abroad.
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I have never heard of the elderly still having this obligation. It's really not easy to bring up the children, so is it also an obligation to take care of grandchildren? It's love to see it, but it's duty not to look at it. Understandable.
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After all, it is the duty of parents as legal guardians to take care of their children, but in our traditional Chinese morality, the elderly will help their children to take care of themselves to a certain extent. The next generation is to reduce their own burden, and at the same time, for the continuation of the family.
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Although the elderly are not obliged to watch their grandchildren, if the elderly have the ability, they can reduce the pressure on young people by helping to watch their grandchildren, and they are also accumulating blessings for themselves. Now I have helped my son and daughter-in-law, and when you are inconvenient in the future, my son and daughter-in-law will take care of you more thoughtfully.
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No, as a rule, the elderly do not have the obligation to take care of their grandchildren. 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.
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I don't think so. However, because many elderly people love their children, see that their children are busy, and life is hard, they will take the initiative to help, and they have money to contribute. Sacrificing himself, such an old man is very responsible, knows understanding, and is considerate of his children.
Of course, there are those who ignore their children.
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In the law, there is no legal provision that the elderly must help to watch the children, but at the moral level, the elderly seem to be a matter of course, in fact, there is nothing to justify this problem, most parents are willing to help their children watch their children, and those who are unwilling to children are impossible to persecute the elderly, at most they are just a little unhappy with their parents.
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The elderly are not obliged to take care of their grandchildren, but that's it, this is a kind of mutual assistance, because you don't show you the children, and you also have to provide for her.
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The old man is not obliged to take care of his grandson, but it is more or less unreasonable.
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Elderly people are not obliged to keep an eye on their children. It is a tradition for parents to bring their children to their children, but it is not an obligation and responsibility. It is the obligation of children to support the elderly, and it is not transferred because parents do not help them take care of their children.
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It depends on the situation
1. 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.
2. Where the above circumstances are not met, the grandparents have no obligation to support their minor grandchildren.
Article 1074 of the Civil Code: 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.
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Can help. But there is no such obligation. There is no obligation to raise children until they are 18 years old.
On the contrary, children have the obligation and legal responsibility to support the elderly. Family members still need to understand each other about some family matters and discuss and communicate well. Be more respectful and grateful to your elders.
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There is no such obligation, but it is okay if the elderly can still help if they have the ability.
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There is no obligation, and there is no obligation for the daughter-in-law to support. It's all heart-to-heart things, and you're not helping others, but your own children. Without the feeling of help, how can there be the grace of support.
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No. According to the law, grandparents have no mandatory obligation to take care of their next generation while the parents are still alive.
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I don't think the old man looked back at anyone's clothes.
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According to the law, grandparents and maternal grandfathers have no mandatory obligation to take care of their successors while the parents are still alive. According to Article 28 of the Marriage Law, the conditions for grandparents to raise their grandchildren and grandchildren are as follows: the following three conditions must be met at the same time before grandparents have the obligation to support their grandchildren and grandchildren.
1. The grandchildren of the dependent (grandchild, maternal grandchild) who are not yet minors as the dependent must be minors. If you are an adult, of course, there is no question of being raised. The pre-mature person here should be understood as a minor who is incapable of living.
If you have the ability to live independently, of course, you can't let others support you anymore.
2. The parents of the dependent (grandchild, maternal grandchild) have died or are unable to support "parents have died" or "parents are unable to support" means that both parents have died, or neither parent is able to support them, or one party has died and the other party is also unable to support them.
3. The dependents (grandparents, maternal grandparents) have the affordability here, including economic conditions and guardianship capacity, and this provision does not apply to grandparents who are old and have no financial foundation.
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In recent years, there has been a marked increase in the number of young people "economically gnawing at the elderly" and "housework at the elderly", and it is understandable for the elderly to help their children do housework and take care of their children within their ability out of consideration of family affection, but this is by no means their obligation.
So, are the elderly obligated to raise their grandchildren? Whether the elderly have the right to claim "grandchild fees".
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 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. Therefore, in judicial practice, we have the right to require the beneficiary to reimburse the necessary expenses paid by the beneficiaries in accordance with the provisions of the General Provisions of the Civil Law on management without cause, that is, if there is no legal or agreed obligation to manage or provide services 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 there is no contractual relationship 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.
After analysis, do you understand? Finally, in today's society governed by the rule of law, we must not let habits overshadow the law, and every family member should find out their own position and clarify their obligations and responsibilities.
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