What should be done if the son does not support the elderly in the Civil Code

Updated on society 2024-06-21
5 answers
  1. Anonymous users2024-02-12

    Legal Analysis: Supporting parents is not only stipulated in the Constitution, but also stipulated in the Civil Code that sons have the obligation to support their parents. Children have an obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents have the right to demand maintenance from their children.

    Parents may resolve the issue of a child who refuses to fulfill their maintenance obligations through litigation.

    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.

  2. Anonymous users2024-02-11

    Legal Analysis:1Parents whose children do not support their parents may seek help from local neighborhood committees, village committees, public security bureaus, women's federations, and other institutions to help mediate and dissuade them. If the relevant maintenance agreement is reached through mediation, the other party must perform it.

    2.If the mediation fails or the child does not perform the agreement, the elderly can sue the court to require the other party to perform the maintenance obligation or enforce the maintenance agreement.

    3.If a child fails to support the elderly and causes serious injury to the elderly, it may constitute the crime of abandonment. The elderly may report to the public security bureau and request the court to determine the other party's crime of abandonment through a public security organ prosecution or a private prosecution, and the court will convict and punish the suspected abandonment.

    Legal basis: Article 1060 of the Civil Code of the People's Republic of China Article 7 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. Yin Ziqi who does not fulfill the maintenance obligation of an adult child, and a parent who lacks the ability to work or has difficulties in life, has the right to demand that the adult child pay alimony.

  3. Anonymous users2024-02-10

    Legal Analysis: If Peihe refuses to perform his maintenance obligations, he can be resolved through litigation, and if the circumstances are heinous and have constituted a crime, he will be investigated for criminal responsibility in accordance with the law. Maintenance and support refers to the economic provision of daily necessities and necessary living expenses for parents under the existing economic and social conditions, and the respect and care for parents in life, spirit and emotion.

    Financially capable adult children, regardless of gender, married or unmarried, are required to do their best to fulfill their obligation to support their parents until their death.

    Legal basis: Article 106 of the Civil Code of the People's Republic of China provides that if parents fail to perform their obligation to support them, minor children or adult children who cannot 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, who lack the ability to work, or who have difficulties in making ends meet, have the right to demand maintenance from their adult children.

  4. Anonymous users2024-02-09

    If the children do not support the elderly and do not pay alimony, and the elderly and the children cannot reach a unanimous agreement, the elderly may file a lawsuit with the people's court. The judgment shall be made by the people's court. If the people's court makes a judgment that the child performs the obligation to support the child and bears the alimony, but the child still fails to perform, the people's court shall enforce the performance.

    If the elderly do not want to file a lawsuit in court, they can seek the help of the local neighborhood committee or village committee, and let the neighborhood committee and the village committee mediate.

    According to Article 1067 of the Civil Code of the People's Republic of China [Parents' Obligation to Support and Obligation to Support Children] If parents fail to perform their obligation to support, minor children or adult children who cannot live independently have the right to request their parents to pay child support.

    Parents who are blind and whose children do not fulfill their maintenance obligations, and whose parents lack the ability to work or who have difficulties in living have the right to demand alimony from their adult children.

  5. Anonymous users2024-02-08

    According to the relevant provisions of China's Civil Code, if an adult child fails to fulfill the obligation of support, the parents who lack the ability to work or have difficulties in living have the right to demand that the adult child pay alimony.

    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 who are raised in shanties or adult children who are unable to give birth to lead on their own have the right to demand that their parents pay child support. Parents who do not fulfill their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to demand that their adult children pay alimony.

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