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Anonymous users2024-02-12The legal provisions on the obligation of support are for the purpose of providing financial support, daily care and spiritual comfort to the elderly, and to take care of the special needs of the elderly.
Among them, legal dependents include:
1. Children, including legitimate children, illegitimate children, adopted children and stepchildren who have the obligation to support them in accordance with the law.
2. Other persons who have the obligation to support in accordance with the law, including the grandchildren and grandchildren of the elderly.
According to the second paragraph of Article 1074 of the Civil Code, grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.
Article 14 of the Law on the Protection of the Rights and Interests of the Elderly: Supporters shall fulfill their obligations to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly.
Legal basis. Paragraph 2 of Article 1074 of the Civil Code.
Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.
Article 14 of the Law on the Protection of the Rights and Interests of the Elderly.
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.
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Anonymous users2024-02-11It is required by law for parents to maintain their children up to the age of 18, and it is also required by law for children to have the responsibility to support their parents.
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Anonymous users2024-02-10Legal analysis: 1. A person with an obligation to support shall perform the obligation of support in accordance with the law and shall not refuse to support; 2. Maintenance includes not only material life but also spiritual support; 3. The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligations.
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 users2024-02-09Corresponding to the parents' obligation to support their minor children, adult children should also fulfill the corresponding obligation to support their parents. The obligation of children to support their parents is mainly based on the marriage law and the civil code of our country. According to article 21 of the Marriage Act, an adult child who does not fulfill the obligation of maintenance is required to pay the corresponding maintenance.
According to article 261 of the Criminal Law, the perpetrator who refuses to support him but has the obligation to support him shall bear criminal responsibility for the crime of abandonment. In law, maintenance mainly refers to the act of providing the necessary means of subsistence and conditions for the parents who are not or lack the ability to live materially and mentally. In our country, both sons and daughters should fulfill the corresponding obligation to support their parents.
Specifically, it includes the obligation to provide for parents financially, the obligation to take care of parents in life, and the obligation to provide for parents spiritually. Children who fail to fulfill their maintenance obligations shall be condemned by law. Failure to fulfill the obligation of maintenance is serious and causes serious consequences, constituting a child who is guilty of abandonment under the Criminal Law, and even needs to be punished by criminal punishment.
Therefore, adult children who have the ability to support should fulfill the corresponding maintenance obligations.
Liangchun Marriage Law of the People's Republic of China
Article 21 Parents and children.
Parents have the obligation to raise and educate their children; Children have an obligation to support their parents. If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents. When a child fails to fulfill the obligation of maintenance, the parent who is unable to work or who regrets living in difficulty has the right to demand maintenance from the child.
Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
Criminal Law of the People's Republic of China
Article 261: [Crime of Abandonment] Whoever refuses to support a person who is old, young, sick, or otherwise incapable of independent living, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.
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Anonymous users2024-02-08Legal Analysis: The Civil Code stipulates that it is a legal obligation for children to support their parents, and if an adult child fails to perform the maintenance obligation, or a parent who lacks the ability to work or has difficulties in living, he or she may request the adult child to pay alimony. If the child does not support the elderly, he can directly file a lawsuit with the people's court and request the people's court to order the daughter to pay alimony; You can also apply to the local neighborhood committee or people's mediation committee and other mediation institutions for mediation.
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 whose adult children do not fulfill their obligation to support, who lack the ability to laugh and laugh, or who have difficulties in life, have the right to demand alimony from their adult children.
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