Maintenance Liability Issues? Is maintenance an obligation or a responsibility

Updated on society 2024-08-05
8 answers
  1. Anonymous users2024-02-15

    Maintenance is an obligation, not a responsibility, children perform the obligation of support to their parents, maintenance refers to the children to provide the necessary living conditions for their parents materially and spiritually, and the children, as supporters, should fulfill the obligation of economic support, life 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.

    The Constitution stipulates that adult children have the obligation to support their parents. China's Marriage Law also stipulates that children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand alimony from their children.

    The main content of maintenance and support means that under the existing economic and social conditions, children should financially provide their parents with necessary daily necessities and expenses, and should respect, care and take care of their 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 support and education.

    In order to protect the legitimate rights and interests of dependents, the Marriage Law stipulates that when a child fails to perform the obligation of support, parents who are unable to work or who have difficulties in living have the right to demand maintenance from their children. Those who refuse to perform may be resolved through litigation, and where the circumstances are heinous and constitute a crime, their criminal responsibility is to be pursued in accordance with law.

    2) The support of the younger generation to the elders.

    The Marriage Law stipulates that grandchildren who can afford it have the obligation to support their grandparents and grandparents who have died.

    This maintenance is conditional, i.e., the grandchild is able to afford it, and the grandparent's child is deceased.

    The above-mentioned provisions are important legal measures to protect the legitimate rights and interests of the elderly.

  2. Anonymous users2024-02-14

    Regardless of whether or not there is an inherited property, other children are obliged to support them.

  3. Anonymous users2024-02-13

    Legal Analysis: It is the legal obligation of an adult child to support their parents, not the responsibility of an adult child. Where a child fails to perform his or her obligation to provide support, causing difficulties for the parents to make ends meet, the parents may request that the child pay alimony.

    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.

  4. Anonymous users2024-02-12

    Legal Analysis: Maintenance is both a duty and an obligation. It is the responsibility of children to the family and society to fulfill their obligation to support and support their parents.

    Legal basis: Article 21 of the Civil Code 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 to provide support, the parent who is unable to work or who has difficulty in living has the right to demand maintenance from the child.

  5. Anonymous users2024-02-11

    Hello: Supporting the elderly is not only a responsibility, but also everyone's obligation, everyone will get old, so the elderly should be treated well.

  6. Anonymous users2024-02-10

    Alimony liability is for married adult children who are not financially fed by the gods.

    income, but the income of the spouse is enough to support the living, and the reputation should also be.

    When the obligation of maintenance is assumed. Income from the duration of the relationship.

    It is the joint property of the husband and wife, and the husband and wife have joint property against the husband and wife.

    Property has the right to dispose of it. You can't excuse your parents for not supporting you.

    Maintenance responsibilities, parents because of hardship, crime, or other.

    Where objective conditions truly make it impossible to raise a late adult child, it shall be there.

    After the child becomes an adult and becomes independent, if the parents meet the requirements for support.

    children, they shall still fulfill their obligation to support and support.

  7. Anonymous users2024-02-09

    He raised me young, and I raised him old.

  8. Anonymous users2024-02-08

    The division of responsibilities for the adoptive parents is generally equal. Except as otherwise agreed between the parties to support the support. If the parties have an unclear agreement or cannot reach an agreement, the people's court shall divide it according to the economic and psychological circumstances of the person obligated to support them.

    [Legal basis].Article 26 of the Civil Code of the People's Republic of China.

    Adult children have an obligation to their parents to support, support and protect them.

    Article 1067.

    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.

    Article 2 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly.

    The term "elderly" as used in this Law refers to citizens who are over the age of 10.

    Article 14. The supporter 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.

    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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