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In essence, it needs to be borne, because for parents, children are obliged to bear the cost of supporting their parents, and for parents, our children should take the initiative to bear the obligation of support. The elder sister raises the younger brother, in fact, the matter itself is very unfair to the elder sister, if the parents are not able to raise their own children, then they should not give birth to the child in the first place. <>
A relevant lawyer said that parents have the right to choose to have children, so they should consider the current situation that they are not able to raise children before giving birth, after all, it takes a lot of money to raise a child now. Although this matter has been adjudicated by the law, the parents have won the lawsuit and sentenced the two-year-old boy to his 22-year-old sister, but in fact, this is a big blow to the sister. The state stipulates that only if three conditions are met can the elder sister or brother raise the younger brother or sister, first, the parents are incapable or have died, and the child has advanced to the obligation of support; The second sister and brother must have a certain economic income and have the ability to raise children.
Third, the younger siblings are not yet minors, if they have reached the age of 18, even if they can't support themselves, they don't need to support them, but the current situation shows that the younger brother is only more than two years old, and he is still in some unknown state for his own life, but the law stipulates that only if the above three conditions are met at the same time, the elder sister will have the obligation to support the younger brother. <>
And this matter does meet these three conditions, but there are also relevant lawyers who believe that this sister can actually raise the child without being fully raised, and can also be raised. If you really don't have the financial ability to raise your younger brother, you can also put it in a local welfare home or some custodian institutions, which are all recognized by the state, but for your own brother, the family is really unfriendly to this child. However, even if the elder sister raises the younger brother, the parental support obligation still needs to be borne by the elder sister, because this is the obligation that the child should do to the parents.
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According to the provisions of the law, the elder sister is required to bear the obligation of parental support, regardless of whether or not to "support" the younger brother.
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Under certain conditions, the parent's obligation to support the elder sister needs to be assumed. After all, the parents did not have a lot of money, and the younger brother could only be raised by his sister.
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Of course, parents need to be raised by their sister, after all, their sister was raised by them, and they have to repay their kindness.
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The elder sister is obliged to support her younger brother only under the circumstances prescribed by law. The above conditions mainly include: both parents have died, grandparents or grandparents are also dead or have no ability to support them, the elder sister has the ability to support them, and the younger brother is a minor.
[Legal basis].
Article 1074 of the Civil Code provides that 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 1075 of the Civil Code provides that an older brother or sister who can afford it has the obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them.
Younger brothers and sisters who are raised by older brothers and sisters who can afford it have the obligation to support older brothers and sisters who lack the ability to work and lack livelihood.
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Article 27 of China's Civil Code stipulates that the guardian of a minor shall be the guardian of a minor child.
Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:
1. Grandparents;
2. Brother and sister;
3. Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.
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It's a pity that no, if you support, it's just family affection plus conscience.
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Under certain conditions and under certain circumstances, a conditional obligation of support arises between a brother or sister and a younger brother or sister. Article 29 of China's "Marriage Law" stipulates that an older brother or sister who can afford it has the obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them. Younger brothers and sisters who are raised by older brothers and sisters who can afford it have the obligation to support older brothers and sisters who lack the ability to work and lack livelihood.
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The elder sister raised the younger brother, and the younger brother who can afford it has the support of the elder sister who lacks the ability to work and lacks the ability to live.
The legal basis is remarkable
Article 1075 of the Civil Code stipulates that an older brother or sister who can afford it has the obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them. The younger brother and sister who are raised by the elder brother or sister and who can afford it have the obligation to support the elder brother or sister who lacks the ability to work and lacks the ability to live.
Chapter II of the Constitution of the People's Republic of China: Basic Rights and Duties of Citizens. >>>More
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The obligation to support parents is generally shared more by sons, because daughters marry out, it is still not so convenient to support parents after all, and as a son, they have to bear the responsibility of supporting their parents.
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