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Anonymous users2024-02-12Legal analysis: The agreement for supporting the elderly shall be written by the children of the elderly or the entrusted lawyer, and the content of the agreement shall include when each supporter shall perform the maintenance obligation, how to do when supporting the elderly, and the method, amount and time of alimony shall be paid if the elderly are not directly supported.
Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents 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.
Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly》 Article 14 Supporters shall perform their obligations to provide financial support, daily care and spiritual comfort to 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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Anonymous users2024-02-11Legal analysis: The agreement for supporting the elderly shall be written by the children of the elderly or the entrusted lawyer, and the content of the agreement shall include when each supporter shall perform the maintenance obligation, how to do when supporting the elderly, and the method, amount and time of alimony shall be paid if the elderly are not directly supported.
Legal basis: Article 1074 of the Civil Code of the People's Republic of China 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 23 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: The elderly and their spouses have the obligation to support each other. Where a younger brother or sister who is supported by an older brother or sister becomes an adult and has the ability to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.
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Anonymous users2024-02-10In terms of the format of the maintenance agreement, it is necessary to pay attention to the following aspects of the draft: 1. The words "maintenance agreement" should be written in the center; 2. Write the names and ID numbers of both parties at the beginning; 3. There shall be no conflict with national laws and regulations in the agreement; 4. The maintenance agreement must clearly state whether the dependant and the supporter live together and the living standard of the dependent; 5. It must be stated that when the dependant is sick, the supporter must give timely medical treatment, and take care of and care for life; 6. If the dependant is unable to pay the expenses incurred in medical treatment, nursing care and care, the supporter shall bear it; 7. When the dependant is unable to take care of himself, the supporter will take care of him; 8. In addition to the above protection of the rights and interests of the dependent, the key mill must reflect in the clause that the supporter shall not encroach on the property of the dependant without the consent of the dependent. When drafting the maintenance agreement, try to be specific and comprehensive.
Prevent unnecessary disputes in the future.
Legal analysis: The agreement on child support for the elderly is mainly written from the basic principles of support, the main obligations of the supporter, the method and cycle of support, the amount of maintenance and the amount of expenses to be jointly borne, the payment method, the payment time, the expenses to be shared by all the supporters, the sharing of funeral expenses and inheritance of the dependents. >>>More
Legal Analysis: Maintenance disputes are internal conflicts in the family, and if the rigid judgment is strictly based on the law, it may have the opposite effect, and it will not help the establishment of a harmonious family relationship. It is feasible and effective to focus on maintaining family relations, give full consideration to the special relationship between the parties to the dispute, and use a variety of methods and channels to carry out mediation and persuasion work to resolve maintenance disputes. >>>More
Housing for the elderly shall be properly arranged, 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. >>>More
He can sue for not supporting the elderly, and the court will sentence him, but the enforcement is not all smooth and can be enforced. >>>More
If the child does not fulfill the obligation to support the child, the parents may mediate through the people's mediation committee of the neighborhood committee or the village committee, or file a lawsuit with the people's court. The judge shall make the child perform the maintenance obligation in accordance with the law through mediation or judgment. If the child refuses to do so, the court may take compulsory measures in accordance with the law, such as freezing the child's account, directly transferring deposits, etc., to force the child to fulfill the obligation of support. >>>More