-
Anonymous users2024-02-06Ms. Liu in Changsha consulted with Dr. Yu Yu, an expert divorce lawyer in Changsha, on the issue of subrogation. 【Changsha Ms. Liu Consultation】Hello lawyer Yu. The mother has been dead for many years, and the grandson, as the subrogated heir, must fulfill the obligation of support to the decedent in order to inherit [Changsha divorce lawyer expert Dr. Yu Yu answers questions] Article 28 of the Marriage 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 or grandparents whose children have died or whose children are unable to support them. According to the above law, if your grandparents have no other children to support or if other children are unable to support, you as a grandchild are obliged to support the elderly.
According to Article 11 of the Inheritance Law of the People's Republic of China, if the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Paragraph 4 of Article 13 of the Inheritance Law of the People's Republic of China stipulates that if an heir who has the ability and conditions to support does not fulfill his obligation to support, he shall not divide or divide less when distributing the inheritance. Therefore, subrogation does not entail the obligation of maintenance, but only in the event of the death or inability of the grandparents and children and the grandchildren are able to afford it.
-
Anonymous users2024-02-05You are not obligated, but your mother is obligated to raise. There is no escaping this. If you go to court, because your mother's income is meager, she will pay less or not out.
Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.
In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
According to the principles of the Marriage Law, maintenance must meet three conditions: (1) the person being supported has a natural blood relationship with the supporter or forms a fictitious blood relationship; (2) The person being supported is unable to work or has difficulties in life and needs support; (3) The supporter has the ability to support. Therefore, in general, the child is the legal and natural first in line of support of the parents, and it is only in exceptional circumstances that intergenerational maintenance occurs between grandchildren and grandparents, and between grandchildren and maternal grandparents.
Article 28 of the Marriage Law stipulates that: "A grandchild who can afford it shall have the obligation to support his grandparents who have died or whose children are unable to support them."
Therefore, intergenerational maintenance occurs only when the child has died or the child is unable to support him.
-
Anonymous users2024-02-04Legal analysis: depending on the situation, it depends on whether the elderly have other children who have the ability to support, not that they must bear the obligation of support after subrogation, and there is no necessary connection between the two. Where the elderly have children, they are to be supported by the children.
If all the sons and daughters have died, they shall be supported by their grandchildren and grandchildren who are able to support them.
Legal basis: Article 1128 of the Civil Code of the People's Republic of China Where the children of the decedent die before the decedent, the direct descendants of the decedent's children shall inherit by subrogation. If the decedent's siblings die before the decedent, the children of the decedent's brother and sister shall inherit by subrogation.
Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.
Renovation does not necessarily require water and electricity renovation, but if it is a rough house, it is recommended to hire a plumber to carry out water and electricity renovation, because some of the sockets, switches and water outlets set up by the developer are often incomplete or do not meet the owner's preferences. >>>More
Not necessarily, some areas require probationers to wear electronic wristbands to keep track of their movements. >>>More
Executive directors are not necessarily shareholders. Chapter 2 of the Company Law of the People's Republic of China on the Establishment and Organization of a Limited Liability Company, Section 2 Organizational Structure, Article 51 A limited liability company with a small number of shareholders or a small scale may have an executive director and no board of directors. An executive director can also act as a company manager. >>>More
There are only zero and countless times of domestic violence, and once there is a first occurrence, then there will be many next times. After some bad family incidents, every time they are ** out, many people can be sympathetic and compassionate. It is hard to believe that the existence of these persons has led to such endless torture of women, children and other persons. >>>More
At present, there is no inheritance tax in China, so the taxes and fees that need to be paid for inheriting the house are the most basic stamp duty and production cost, and there is no additional tax on movable property. In addition, although China has abolished the requirement that the inheritance of real estate must be notarized, many real estate bureaus generally recommend that they do an inheritance notarization first for the sake of insurance when handling the inheritance of the house, which also requires a fee. If an agreement cannot be reached, and you have to sue the court for division, you will need to have litigation costs and attorney fees. >>>More