Is it legal for brothers to agree that one person will support the elderly?

It is not lawful, according to the law, the child has a legal obligation to support his parents, and this obligation cannot be waived by agreement between brothers.

Article 1067 of the Civil Code of the People's Republic of China stipulates: "If parents fail to fulfill 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 perform their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates: "The supporter shall fulfill the obligation of economic support, daily care and spiritual comfort for 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. ”

Article 18 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates: "Family members shall care about the spiritual needs of the elderly, and shall not ignore or neglect the elderly. Family members who live separately from the elderly shall frequently visit or greet the elderly.

The employer shall, in accordance with the relevant provisions of the State, guarantee the right of the supporter to take leave for family visits. ”

Article 19 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates: "A supporter shall not refuse to perform his or her obligation to support 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. ”

It should be noted here that although it is only agreed between brothers, in terms of law, both brothers have the obligation to support the elderly. If the agreement between brothers to support the elderly is valid, it can be valid if it is agreed by the elderly. With the consent of the elderly, the supporters may enter into an agreement with each other to perform the maintenance obligation for the Spike Split.

However, the content of the maintenance agreement must not contradict the provisions of the law and the wishes of the elderly. And the content of the agreement needs to comply with the provisions of the law. Guess closed.

Legal Analysis: Maintenance refers to the support of children to their parents, that is, to provide the necessary living conditions for their parents materially and economically. Children should show concern, help, and care for their parents mentally and in their daily lives, and in particular, parents who are old and infirm, who have lost their ability to work, and who have difficulties in life, should all the more consciously fulfill their obligation to support them, so that their elderly parents can spend their old age in peace.

The way to support the elderly, or to live together to directly fulfill the obligation of support, or to provide living expenses to the elderly, shall be agreed upon by the right holder and the obligor according to their respective circumstances. If there is more than one child, this obligation should be fulfilled jointly in accordance with the principle of "more burdens for those with better conditions and fewer burdens for those with poor conditions".

Legal basis: Civil Code of the People's Republic of China Article 1074 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.

Tour high. 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.

The Civil Code of the People's Republic of China

Article 1075.

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

The younger brother and sister who have been raised by the elder brother or sister and have the ability to bear the key grinding have the obligation to support the elder brother and sister who lack the ability to work and lack the ability to live.

Article 17 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall fulfill the obligation of financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. The caregiver shall provide medical expenses and nursing care for the sick elderly.

The supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of the right of inheritance or other reasons of repentance. The provisions of this article stipulate the form of child support, and the way of support for the elderly is to live together and directly perform the obligation to live together, and in the form of support, the supporters can sign an agreement on the performance of the support obligation and obtain the consent of the elderly, and the law has already imposed on the family if there are multiple children. The method by which separate maintenance agreements may be concluded is prescribed. Parental consent is a prerequisite for this.

Maintenance agreements may be concluded, but they must comply with the procedures established by law.

1. What factors affect the validity of the maintenance agreement?

Clause. 1. Whether parental consent has been obtained; Clause.

(2) Whether it is conducive and convenient for the material and spiritual life of the parents, such as whether the children support their parents separately and if the parents live separately as a result, causing the parents to live separately, causing mental and emotional suffering to the parents, such an agreement is inappropriate.

3. Whether the obligation of economic sharing has been fulfilled, and the obligation of moral support and other obligations that cannot be divided into the burden has been fulfilled. Clause.

4. Whether the sharing of the duty of care in terms of economic support and living is in line with the reality of the person obligated to provide for support. Clause.

5. Whether the agreement can be changed according to changes in the rights and obligations of maintenance and support.

2. The maintenance agreement is binding on those subjects.

According to the law, an agreement between citizens is legal if it is a genuine will between the parties, as long as it does not violate the law. A valid agreement also has a binding scope, and the agreement to support the parents separately can only be effective between the children who signed the agreement, and the children who signed the agreement may not use the content of the agreement to oppose the parents' obligation to support. Although the agreement is signed between children on how to better support their parents, although it embodies the principle of autonomy of equal subjects, this autonomy cannot infringe on the legitimate interests of the right holder.

For those who have children. Parental support is unconditional and statutory. The parties to the agreement are jointly and severally liable for the maintenance obligation and the subject being supported.