Introduction to the obligation of maintenance, the obligation of maintenance and the main obligation

Children perform the obligation of support to their parents, and maintenance refers to the material and economic provision of the necessary living conditions for the parents, and the children, as the supporters, 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. Both sons and daughters have an obligation to support their parents.

The specific maintenance obligations include the following: payment of parental support; the obligation to provide support and protection to parents who lack the ability to work or who have difficulties in living; Visit your parents frequently and give them care and love. Children perform the obligation of support to their parents, and maintenance refers to the material and economic provision of the necessary living conditions for the parents, and the children, as the supporters, 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.

Both sons and daughters have an obligation to support their parents. The main content of support and assistance refers to the fact that under the existing economic and social conditions, Zihong Yannu should provide her parents with necessary daily necessities and expenses economically, and respect, care and take care of her parents in life, spiritually and emotionally. 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 upbringing and education. In order to protect the lawful rights and interests of the dependents, when the children do not perform their maintenance obligations, those who refuse to perform may be resolved through litigation, and if the circumstances are heinous and constitute a crime, their criminal responsibility will be pursued in accordance with law. Parents who are unable to work or who are in financial difficulties have the right to demand maintenance from their children.

Legal basisArticle 26 of the Civil Code provides that 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.

Children perform the obligation of support to their parents, and maintenance refers to the material and economic provision of the necessary living conditions for the parents, and the children, as the supporters, 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.

Article 1067 of the Zhaozao Civil Code stipulates that if the parents do not fulfill the obligation to support the family, the minor children or adult children who cannot live independently have the right to demand that the parents pay child support. If an adult child fails to fulfill the obligation to support, the parents of the elder brother who lack the ability to work or have difficulties in living have the right to demand maintenance from the adult child.