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Children have a maintenance obligation to their parents.
Maintenance refers to the material and spiritual provision of necessary living conditions for the children, and the children, as supporters, shall fulfill the obligations of economic support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly.
Both sons and daughters have an obligation to support their parents. 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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The children's obligations to support their parents are: 1. Children shall fulfill their economic support obligations to their parents and provide necessary living conditions for their parents materially and economically; 2. Children should fulfill the obligation of caring for their parents, so that the sick parents can receive timely care and properly arrange their parents' housing; 3. Children shall fulfill the obligation of spiritual comfort to their parents, shall care for the spiritual needs of their parents, and shall not neglect or neglect their parents.
Legal basis. According to Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, 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.
Article 15 stipulates that the supporter shall ensure that the sick elderly receive timely care and care; For the elderly who have financial difficulties, medical expenses shall be provided. For the elderly who are unable to take care of themselves, the caregiver shall bear the responsibility of care; Where they cannot take care of them in person, they may entrust others or elderly care establishments to take care of them in accordance with the wishes of the elderly.
Article 16 stipulates that the supporter shall properly arrange the housing of the elderly, and shall not force the elderly to live in or move to a house with poor conditions. Children or other relatives must not encroach on the housing owned or rented by the elderly, and must not change the property rights or lease relationship without authorization.
The caregiver has the obligation to maintain the housing owned by the elderly.
Article 18 stipulates that family members shall care about the spiritual needs of the elderly, and shall not neglect 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.
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According to Article 21 of the Marriage Law, 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.
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. Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
The first paragraph of 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.
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What are the obligations of children to their parents, if the old man has no salary and no financial ability to support himself, then the niece should pay for the elderly, if the old man needs this, then the niece should do her duty to serve the elderly, both materially and spiritually, to make the old man happy in his old age, and not to make them sad.
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1. Can I ask my children to fulfill their maintenance obligations?
If an elderly person has multiple children but no one fulfills his obligation to support him, how should the elderly pursue the legal responsibility of their children for not fulfilling their maintenance obligations?
Parents who need support may mediate through the relevant departments or file a lawsuit in the people's court. When handling maintenance disputes, people's courts shall adhere to the principle of protecting the lawful rights and interests of the elderly, and perform their obligation to support the elderly through mediation or a judgment for their children. If, after mediation or a court judgment, the child still fails to fulfill the obligation of support, the aggravating circumstances constitute the crime of abandonment and shall bear criminal responsibility.
However, for the sake of family harmony, many elderly people will choose to swallow their anger when their children do not fulfill their support obligations, and it is the elderly themselves who suffer. At this time, the grandchildren can discuss with their parents how to support the elderly, and if the negotiation fails, they can only sue in the people's court.
2. The law stipulates the obligation of children to support their parents.
According to Article 21 of the Marriage Law of the People's Republic of China, children have the obligation to support and support their parents. When a child fails to fulfill the obligation of maintenance, the parent who is unable to work or has difficulty in living has the right to demand maintenance from the child.
The obligations of the supporter are manifested in the following aspects:
1. Properly arrange the accommodation of the elderly. The living environment of the elderly should not be too bad, and if the elderly have their own houses, their children cannot occupy them and cannot change the name of the property without authorization. If the house needs to be repaired, the child has the obligation to repair it.
2. The elderly cannot be required to undertake labor beyond their ability. The elderly should enjoy their old age in peace, and their children cannot ask the elderly to do heavy work, and they can do what they can, which should be exercised.
3. No refusal to perform the obligation of maintenance on the grounds of renunciation of inheritance rights or other reasons.
4. The freedom of marriage of the elderly shall not be interfered with. Children cannot be eliminated because of a change in the marriage of an elderly person.
5. Children should not only support, but also respect and care for their parents, and help them in all aspects of life. When parents are sick, they have the obligation to take care of and take the elderly to the hospital for examination, so that the elderly can be comforted emotionally and enjoy their old age happily.
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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.
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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Raise children according to the customs of the past to prevent old age. Not now. Every family is a child.
Every child has the obligation to support the elderly. When people reach old age. Sickly.
It is a common thing for the elderly. As a woman, you must treat the elderly well. Let every old man live a good old age.
I wish the elderly all over the world good health.
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Children must take care of the elderly and support the elderly.
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Parents have lost the ability to work at a certain age, so at this time, the children have to play the obligation to support, no matter what it is? Thing. I want it myself. Supporting parents. Not divided. Something.
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What are the main obligations of children to support their parents?
Chapter II of the Constitution of the People's Republic of China: Basic Rights and Duties of Citizens. >>>More
The legal provisions for children to support their parents generally include that if both parents are unable to support their children when they were young, the children should fulfill their obligations to support the elderly when they grow up and become independent; Because the parents' ordinary wrongful behavior has caused psychological harm to the children, the children should support their elderly parents, and married daughters who have no financial income also have the obligation to support the elderly. According to the relevant provisions of Article 21 of the Marriage Law of the People's Republic of China, the obligation of children to support their parents is regulated >>>More
What are the main obligations of children to support their parents?
Yes. It is the duty of the child to support his parents, and both sons and daughters have this obligation. Article 21 of the Marriage Law of the People's Republic of China stipulates: >>>More
Unmarried children should take care of their parents, go to see their parents when they have free time, usually give their parents some small gifts, the important thing is not to let parents bother so much, because parents feel that we are still children, and will give us all kinds of guidance, we must make parents worry.