What are the legal consequences of children not supporting their parents in the Civil Code

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

    1. What are the legal consequences of children not supporting their parents in the Civil Code of the People's Republic of China?

    1. The legal consequences of a child's failure to support his or her parents in the Civil Code of the People's Republic of China are as follows:

    1) Public security punishment shall be given in light cases;

    2) If the serious case constitutes a crime, criminal responsibility shall be investigated, and the crime of abandonment shall be constituted, and the inheritance right of the parents' estate shall be deprived, and the court shall make a judgment to enforce the case after the parents sue them.

    2. 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 1075.

    Older brothers and sisters who can afford it have the obligation to support minor younger brothers or sisters whose parents have died or whose parents are unable to support them.

    Younger brothers and sisters who are raised by older brothers and sisters who can afford it have the obligation to support older brothers and sisters who lack the ability to work and lack livelihood.

    2. What should I do if my children do not support their parents?

    If a child does not support his or her parents, he or she can solve it in the following ways:

    1. Seek help from community workers. For the problem of non-support of children, they can seek the help of community workers, criticize and educate the children, and the community assists in supervision;

    2. Initiate a civil lawsuit. If the child does not fulfill his obligation to support his children, the elderly can entrust a lawyer to file a lawsuit with the court. If the supporter fails to perform the maintenance obligation, the elderly person has the right to demand maintenance from the supporter;

    3. Pursue criminal responsibility. Where an old, young, sick, or other person who lacks the ability to live independently, who has an obligation to support but refuses to do so, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release. A child who does not fulfill his or her maintenance obligations may be guilty of desertion.

  2. Anonymous users2024-02-11

    Legal analysis: children have the obligation to support their parents, and when the children do not fulfill their maintenance obligations, the elderly have the right to demand alimony from their children. It is the parents who are eligible to sue for alimony, and the children cannot sue in their own name in court.

    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.

  3. Anonymous users2024-02-10

    Children do not support their parents.

    1.If the circumstances are serious, you may commit the crime of abandonment and be held criminally responsible.

    2.Parents can assert their legal rights through legal channels, and children must bear civil liability.

    3.Parents may deprive their children of the right to inherit their estate by way of a will.

    4.The court may order a child who has not fulfilled his or her obligation to maintain no or less share of the estate. Made of silver.

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