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First of all, for sure. Daughters have the responsibility and obligation to support and care for the elderly. This is clearly stipulated in our laws.
Often in a lot of customs. Think. The daughter is married.
It's someone else's family. Therefore, he is not responsible for the death of his own parents. This notion is deeply ingrained.
So far in many remote rural areas. It's trending now. In fact, the law has long since changed.
The children of the elderly, regardless of whether they are boys. Or a girl? All have the obligation to support the elderly.
Of course, there is also a duty of care. But because I'm busy with work, I can't take care of it. Then you have to pay for the old man.
Hire a babysitter to take care of it.
In reality, many people know about this law. Especially in the city or not. literate people. We will all conscientiously fulfill this law. So take care of the elderly and support the elderly. It is the duty of every child.
In judicial practice. There are indeed some places. Or do you think that your daughter has no responsibilities and obligations?
Take care of the elderly. In this case, the old man can be lowered. The child sued the court.
The court will sentence him after the trial. A certain amount of alimony is paid to the elderly. So as to ensure the normal life of the elderly in their later years.
In fact, there are a lot of old people now. They also do not need the support and care of their children. Because the old people now have pensions.
There is also medical insurance. Our country still guarantees the life of the elderly in their old age. Since there is a pension and medical insurance.
Then there is no need for alimony. Their own money is enough. But the elderly.
They lack the company of people. They are afraid of loneliness and loneliness. Their children are always in their hearts.
Therefore. As long as the children have time to give the old man a ** call or visit the old man. Therefore, as the children of the elderly.
You should take note of this. Always take time to spend with the elderly. Let's talk to the elderly.
Do a little chores. This is what the old man wants most. The scene of a family reunion.
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Since parents do not distinguish between men and women in the support of their children, they cannot be separated from men and women in the maintenance of children, and the status of men and women is equal in law, so daughters also have the obligation to support their parents. Therefore, I think everyone wants to know about the obligation of daughters to support their parents? Next, Legal Express will introduce you in detail!
Since parents do not distinguish between men and women in the support of their children, they cannot be separated from men and women in the maintenance of children, and the status of men and women is equal in law, so daughters also have the obligation to support their parents. Therefore, I think everyone wants to know about the obligation of daughters to support their parents? Next, Legal Express will introduce you in detail!
1. Does a daughter have the obligation to support her parents?
Daughters have an obligation to support their parents.
The traditional thinking of our country is to raise children to prevent old age, and to give preference to sons over daughters. In particular, the elderly in the rural areas themselves believe that it is the son's business to support the elderly, and the inheritance of the elderly's inheritance and the division of family property are the son's share, but the daughter's is not, and this concept is wrong. Under the domination of such a concept, some daughters, especially those who have already married, often neglect their obligation to support their parents.
Daughters are also raised by their parents and should have equal rights and obligations. According to the laws of our country, adult children have the obligation to support their parents. In other words, men and women are equal in fulfilling their obligation to support their parents, and the obligation to support a daughter is not canceled because of her marriage.
Article 21 of the Marriage Law stipulates that parents have the obligation to raise and educate their children, and children have the obligation to support and 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. In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
Therefore, it can be seen from this that even a married daughter needs to bear the obligation to support her parents.
2. Relevant legal provisions on the support of the elderly.
Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that 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.
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Daughters also have the responsibility and obligation to support and take care of the elderly. Daughters and sons are the same, they have the obligation to support the elderly, and similarly, they also have the right to inherit the inheritance of the elderly.
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Daughters are also obligated to support the elderly.
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Legal Analysis: Maintenance, i.e. taking care of an aging parent. The so-called maintenance mainly refers to the behavior of children financially providing their parents with necessary daily necessities and expenses, that is, assuming certain economic responsibilities, providing necessary economic help, and meeting reasonable material requirements.
The law stipulates that children have an obligation to support their parents.
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 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.
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Daughters also have the obligation to support their parents, as long as they are children.
Daughters are also supported by their parents and should have equal rights, as well as the obligation to support their parents.
According to the laws of our country, adult children have the obligation to support their parents. Men and women are equal in the fulfilment of their obligation to support their parents, and the marriage of a daughter does not disvoke her obligation to support her parents.
Child support for parents is indefinite and no conditions may be attached. Children may not refuse to perform their maintenance obligations on the grounds of renunciation of inheritance rights or other reasons.
The amount of alimony should be based on the financial affordability of the supporter and the actual living needs of the parents.
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1.Regardless of the law, there is no distinction between men and women, as long as they are children, they have the obligation to support the elderly 2There will always be obligations, but if the children don't have any financial **, then there is no way.
Whether you give money or not has nothing to do with whether you start a family or not 3All three are equal, big or small, 4There is no way to change it, the traditional Chinese concept is like this, but if the old man thinks that only the son is filial piety, and the daughter does not have to pay any obligation (including money and effort), then the son should let him make a will to divide all the family property to the son in the future, which is human nature.
If the old man does not have this will, the property after death will also have two daughters, just because he has not taken care of the elderly, he will share relatively little (of course, it is also at the request of the daughter, and the rural women generally do not ask for it, especially in the division of the house). 5.Of course you can 6
Whether the children have to give money, depends on how the old man asks, the old man has the right to control the children to ask for money, no matter how much money he has, if he doesn't want it, it is up to him. Tell the landlord an extreme situation, even if your parents threw you away when you were a child and never gave you a penny, but when you grow up, if they find you and ask for maintenance, you still have an obligation to support them, but you can give them very little money, which means that. Even if you don't even know they exist, when you know about it, you have the right to claim their inheritance (if they have passed away and the inheritance has been distributed to your other children, then you have the right to demand redistribution and take your share).
In short, parents need to support their children, and children need to support their parents, which is a juxtaposition, not a premise that the first is the second. In the case I'm talking about, you can sue your parents for abandonment and make them pay you money, which may actually be offset by the alimony you need to give them, but theoretically you still need to pay alimony. In a word, as long as they give birth to you, you have to pay alimony.
Inheritance is not necessarily money, those houses, the furniture in the house, labor tools, and even the clothes and daily necessities of the elderly are all in the category of inheritance. If you think that your son is in a bad situation now, you can just ask his two younger sisters to pay every month. As for the problem of fighting for the house you said, if the old man does not express his attitude when he is alive, then when he dies, the three children will inherit it, and the son can ask for more points according to his own obligations, as for how much is more, anyway, he can reach an agreement with his two sisters, and if he can't reach it, he will go to the court to sue and let the court decide.
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Of course there is. As long as the children are children, they have the obligation to support the elderly. This includes sons and daughters. And it is equal, with an obligation to support.
Before, in traditional thinking. I feel that they are all raising children and providing for the elderly. In other words, the purpose of raising a son is to support himself when he is old in the future.
That was a former notion of achievement. Because their daughters have married into other people's families. Feel the water spilled by the married daughter.
But now is the new era. Everyone's mindset has changed. It doesn't matter if it's a son or a daughter. All of them have equal maintenance obligations. There will be no more distinction between men and women.
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Daughters are obligated to support their parents. This is not only moral maintenance, but also a legal responsibility.
The Civil Code of the People's Republic of China stipulates that parents who fail to perform their maintenance obligations and lack the ability to work or who have difficulties in living have the right to demand alimony from their adult children. Although the married daughter does not live in the family and no longer manages the affairs of the house, she is also obliged to support her parents, even if she can no longer serve under her knees, she can also give some financial help, but most parents will not be embarrassed to ask their children for money.
Article 261 of the Criminal Law of the People's Republic of China stipulates that a person who is old, young, sick or otherwise incapable of independent living has the obligation to support and refuses to support him, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years.
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Regardless of the law, there is no distinction between men and women, as long as the children have the obligation to support the elderly. But if the children do not have any financial **, then there is no way to fulfill the obligation of support in reality. However, whether or not there is maintenance has nothing to do with whether or not to give money.
Taking care of life is also considered maintenance. But if the old man feels that only the son should be filial piety, and neglects his daughter in the process of raising the child. Nurture.
Then there is a complete reason for the daughter to become an adult. Refuse. If the parents ask for support, they ask for it.
Because rights and duties are inherently reciprocal. Whether children are willing to support the elderly is an extreme situation. It's up to the children themselves.
There is an extreme case, that is, even if the parents have abandoned their niece since they were young and have not raised their children for a day, if the parents find the children when they grow up, they will ask for three oxygen. It is still possible for the law to require children to exercise an obligation to support their parents, but the child can give very little money. Conversely, children can also claim to inherit their parents' estate.
Even if the estate has been divided among other children, you still have the right to demand a redistribution of your share. In short, parents need their children to support their children and have an obligation to support them. This is the reciprocity of power.
So legally it is this relationship if the parents abandon the child. Then the child can claim compensation from the parents. In fact, this needs to be offset with your alimony on them.
In the end, no one may sign for anyone, but theoretically you still need to give support to your parents. In a word, when parents give birth to children, children must pay alimony.
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The obligations of children to support the elderly are as follows:
1. Legal obligations between parents and children: Parents have the obligation to raise, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them;
2. It is the legal obligation of the child to support the parents, and if the obligation is not fulfilled, the child shall bear the civil liability for the payment of alimony; In any case, children must fulfill their obligation to support their parents, and the consequences of refusing to support the elderly may constitute the crime of abandonment and may lead to imprisonment.
Maintenance obligors include the following categories of persons:
1. Adults who have a child relationship with the elderly, and the dust has the ability to support;
2. Other persons who have entered into a bequest and maintenance agreement with the elderly;
3. Other obligors to support the elderly.
The content of the maintenance obligation is as follows:
1. Material support. The provision of living expenses is the most basic. Medical expenses and care should be provided when the dependant is sick. Housing for the elderly should be properly arranged. Elderly persons shall not be forced to move to houses in poor conditions;
2. In daily life, the hall talks quietly to help. Parents who are old and frail and have lost the ability to take care of themselves should be cared for and supported, and sick parents should be given careful care;
3. Give spiritual comfort. Parents need the comfort of affection to overcome loneliness as they enter old age. Spiritual support is a more important maintenance obligation after social and economic development.
To sum up, respecting the old and caring for the young has always been the traditional virtue of the Chinese nation, and as an adult and capable child, it is natural for us to fulfill our obligation to support our parents. Although there is no legal obligation for a daughter-in-law to support her in-laws, and a son-in-law is not obligated to support her parents-in-law, it is necessary to actively support each other's parents from the perspective of building a harmonious and harmonious relationship within the family.
Legal basis]:
Article 26 of the Civil Code of the People's Republic of China.
Parents have a duty to upbring, educate and protect their minor children.
Adult children have an obligation to their parents to support, support and protect them;
Article 1067.
If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the 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.
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