What year is the perfect law for a daughter to provide for the elderly without dividing property?

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

    There has never been a law like "daughters have to provide for their old age without dividing property" as you said, and from the original "Marriage Law" advocated equality between men and women, and you said that daughters do not share property, that is just a custom.

    On April 30, 1950, the People's Republic of China promulgated the Marriage Law of the People's Republic of China, which was the first marriage law promulgated by the People's Republic of China, and came into force on May 1, 1950.

    The content focuses on the adjustment of marital relations, and also touches on various important issues in family relations. "Abolish the feudal marriage system of arranged coercion, male superiority over women, and disregard for the interests of children. Freedom of marriage, monogamy and equal rights for men and women".

    The full text is divided into 8 chapters, including principles, marriage, rights and obligations between husband and wife, relationship between parents and children, divorce, child support and education after divorce, property and life after divorce, and supplementary provisions, with a total of 27 articles.

    2. On September 10, 1980, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China, which came into force on January 1, 1981.

    3. On 28 April 2001, the 21st Session of the Standing Committee of the Ninth National People's Congress adopted the amendment to the Marriage Law of the People's Republic of China, and the newly revised Marriage Law came into force on the same day.

    The Marriage Law was extended until December 31, 2020 and incorporated into the Civil Code on January 1, 2021.

    It can be said that the Marriage Law, as amended on 10 September 1980, is relatively complete.

  2. Anonymous users2024-02-11

    Legal Analysis: A daughter inherits her parents' estate and is one of the first heirs. In the case of inheritance of parents' estate, if there is a will, it shall be executed according to the will; If there is no will, the inheritance is by way of statutory succession.

    Children are the first in line of inheritance from their parents, and if their parents die, their real estate, as their legal property during their lifetime, shall be divided equally among the heirs in the same order as an inheritance. After the succession plan is determined, the heirs should go to the real estate registration center to go through the relevant registration hands".

  3. Anonymous users2024-02-10

    According to such a question given, at present, there is no clear regulation of how it should be improved, so it still takes time to verify.

  4. Anonymous users2024-02-09

    The daughter needs to provide for the elderly, but she also has the right to share the property of the elderly.

  5. Anonymous users2024-02-08

    The daughter has to provide for the elderly regardless of property, and it is an obligation to support the elderly. Maintenance refers to the material and living assistance provided by children or younger generations to their parents or elders. Adult children who can afford it, regardless of gender, married or unmarried, shall make every effort in accordance with the law to fulfil this obligation until the death of their parents when their parents need support.

    The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.

    Civil Code of the People's Republic of China

    Article 1088.

    If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. 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.

  6. Anonymous users2024-02-07

    Both sons and daughters have an obligation to support the elderly. As for whether to divide the property or not, that's the old man's business.

  7. Anonymous users2024-02-06

    Duty and affection, your parents have raised you for so long.

  8. Anonymous users2024-02-05

    Hello dear for your question, oh <>

    If your daughter wants to provide for her old age without dividing her property, you can sue for Inheritance Law, Chapter 2, Statutory Inheritance, Article 9, Equality of Men and Women in the Right to Inherit Yuantong. Article 10 The inheritance of the estate shall be in the following order: first order:

    Spouse, children, parents. Article 21 of the Marriage Law: Parents have the obligation to raise and educate their children; The child's obligation to support his or her parents is destroyed. The law stipulates that daughters not only have the responsibility and obligation to support their parents, but also have the right to inherit their parents' inheritance, and the two complement each other!

    Tangerine Petan.

  9. Anonymous users2024-02-04

    If the old man did not make a will before he died, the property was divided equally among his children! The property of the elderly in rural areas should not only be given to their sons but also to their daughters, because both sons and daughters have to provide for the elderly, and they are all the children of the elderly, and as children are obliged to raise the elderly, they also have the right to inherit the property of the elderly.

    The older generation of people in the countryside are relatively backward in thinking, and have been pursuing to hand over all their property to their sons for management, which means that their property will be inherited to their sons in the future, and they feel that the daughter who marries out spills the water, but this is unfair to their daughters, which is also a manifestation of patriarchy, so now this behavior is not recognized by the society, so both sons and daughters should have the right to get the inheritance of the elderly. This kind of behavior is not encouraged in the society, and I hope that all the elderly can have an open mind and be able to treat everyone equally. <>

    From a legal point of view, both sons and daughters have the right to receive and inherit their parents' inheritance. As long as the spouse, children, and parents of the deceased have not renounced the inheritance, the siblings, grandparents, and maternal grandparents of the deceased have no right to inherit the estate in the case of inheritance or death. <>

    But there are some special circumstances, for example, some family life is more difficult, he has no ability to work, the elderly are older, no income, in this case, according to the special circumstances of different people to give appropriate care, and those children who are not able to work are still in school, no income **, will also try to take care of of course, there are also some special children who do not take care of the elderly, such behavior may reduce the distribution of property, on the contrary, For some children who take care of the elderly, they will consider that they have fulfilled their support obligations and share more of their property as appropriate! <>

  10. Anonymous users2024-02-03

    Both the son and the daughter have to give, and only by dividing the property equally will it not hurt the hearts of the two children, and if the property is given to the son, it will definitely break the daughter's heart, and it will also affect the relationship between the daughter and the son.

  11. Anonymous users2024-02-02

    It should be two people who have joint inheritance, and if the old man's heirs are only sons and daughters, then there should be one and a half.

  12. Anonymous users2024-02-01

    Sons and daughters should have both, and the property must be divided equally, and there should be no partiality.

  13. Anonymous users2024-01-31

    Legal analysis: If you do not get a share of the family property, you should not starve to support your parents, and supporting your parents is the obligation of every child, and there is no relationship between not dividing the family property. The supporter shall not refuse to perform the obligation of support on the grounds of renunciation of inheritance rights, changes in the marital relationship of the person being supported, or other reasons.

    Legal basis: Civil Code of the People's Republic of China Article 1130 The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

    Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the estate when the estate is distributed. If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.

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