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Anonymous users2024-02-12Legal 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.
Legal basis: Civil Code of the People's Republic of China
Article 1067:Where parents do not 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.
Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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Anonymous users2024-02-11In the event of a dispute over the maintenance of the elderly, most of the problems lie with the elderly!
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Anonymous users2024-02-10Legal analysis: Negotiation can be conducted, and if the negotiation fails or the consensus is performed, it can be sued to the court. The people's courts accept civil lawsuits brought between citizens, legal persons, other organizations, and between them on the basis of property and personal relations.
Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.
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Anonymous users2024-02-09The 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.
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 performing the duties of support.
1. When to pay alimony to the elderly.
First of all, the supporter should 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.
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.
Secondly, the elderly refers to citizens over the age of sixty.
2. How to support the elderly with many children.
If the elderly person has more than one child, he or she may enter into a maintenance agreement at the will of the elderly, and the children shall perform the maintenance obligations in accordance with the maintenance agreement. For families with many children, entering into a maintenance agreement can be a way to avoid maintenance disputes.
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. Supporters refer to the children of the elderly and other persons who have the obligation to support them in accordance with the law.
3. What are the legal provisions for supporting the elderly?
The legal provisions for the support of the elderly are as follows:
1. For the elderly who lack the ability to work or have difficulties in life, their legal supporters shall fulfill the obligation of support;
2. Supporting the elderly is not only to provide them financially and take care of them in life, but also to comfort them spiritually;
3. The children of the elderly and other persons who have the obligation to support them in accordance with the law.
Article 1074 of the Civil Code of the People's Republic of China provides that 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.
Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly
Article 3: The State is to ensure the rights and interests enjoyed by the elderly in accordance with law.
Older persons have the right to receive material assistance from the State and society, to enjoy social services and preferential treatment, and to participate in social development and share the fruits of development.
It is forbidden to discriminate, humiliate, abuse or abandon older persons.
Article 19: Supporters must not refuse to perform their maintenance obligations on the grounds of renunciation of inheritance rights or other reasons.
If the supporter fails to perform the maintenance obligation, the elderly person has the right to demand that the supporter pay alimony.
The caregiver shall not require the elderly to undertake work beyond their means.
Article 23 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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Maintenance refers to the material and living assistance provided by children or younger generations to their parents or elders. There are two cases: >>>More
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The main content of maintenance and support refers to the fact that, under the existing economic and social conditions, children should financially provide their parents with necessary daily necessities and expenses, and should respect, care and care for their parents in life, spiritually and emotionally. Adult children who can afford it, regardless of gender, married or unmarried, shall make every effort in accordance with the law to fulfil this obligation until the death of their parents when their parents need support. The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education. >>>More
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