The bet365 voucher obligations in the codes of civil law in my country
June 15, 2022 10:24 Source: "China Social Sciences" June 15, 2022, Total Issue 2427, Issue 2427

In our country,The "support obligation" in civil law refers to the young relatives bet365 voucher juniors (adult children、grandson and child) to the elders straight blood relatives (parents、Grandpa) Life support and assistance。"Civil Code" is in the General Principles and Marriage and Family Editor,The scope bet365 voucher owner bet365 voucher maintenance rights and the supporting obligations、Conditions such as maintenance。The "Protection Law bet365 voucher Elderly" from the actual needs bet365 voucher elderly,In the chapter of "family support and support" chapter bet365 voucher content of support obligations from the economy、Life care to spiritual comfort to make comprehensive detailed regulations that meet the national conditions。Two methods should be interconnected,Together constitutes the legal and regulatory system of my country's relatives and obligations in China。

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The support obligation of support is based on the specific relatives between the parties。Article 26, paragraph 2 bet365 voucher Civil Code stipulates,"Adult children have maintained support for parents、Obligations for assistance and protection "。Article 1067 will make further specifications from the perspective of establishing a request for parental maintenance,Paragraph 2 Provisions,"Adult children do not fulfill their support obligations,Parents who lack labor ability or difficulty in life,There is the right to request adult children to pay for alimony "。

Adult children who bear the obligations of support should be legal with the parents who have supported their parents。The doctrine and legislation all divide bet365 Play online games the relationship between parents and children into two categories: First, the relationship between parents and children of natural blood relatives。It forms it based on the facts of children's birth,Including the relationship between parents and children of marriage and children and non -marriage parents and children。Second is the relationship between parents and children who want to make blood relatives。It is based on legal recognition,Artificial setting,It is mainly formed by adopting or remarried legal acts,Including the relationship between parents and children and children who have the relationship between raising relationships。Article 1071 bet365 voucher Civil Code of my country Establishing a non -wedding child with the same legal status as the children of marriage,Article 1072, paragraph 2, stipulates that the parent and the step -child who are educated with them have legal parent -child relationships,Article 1111 Clear the effect of being adopted with a parent -child relationship between the adopter and the adopted person。This can be seen,"Adult Children" in Article 26 bet365 voucher Civil Code specifically includes children in marriage、Non -wedding children、Children、Four categories of step -children who have been raised by the parents bet365 voucher parents。

Grandson and Children are another type of subject to support the support obligations established by the "Civil Code" in my country。Article 1074, paragraph 2 bet365 voucher Civil Code,"The grandson with a burden -capable ability、Grandson children,Grandma who has died for children or is weak for children、Foreign grandparents,Obligations with support "。Visible,Grandson is the supporter bet365 voucher second place。The "grandson and child" here does not explicitly indicate that the adult grandson and child who is already 18 years old,However, the logic of logic based on legal and front and rear law,It can be presented to the grandson and children who have the obligation to support the grandparents.。

Grandpa and grandchildren are the direct -level bet365 live casino games blood relatives of generations,Also except for parents and children,Bloody connection to the recent direct blood relative。To meet the needs bet365 voucher aging development bet365 voucher population,Fully guarantee the basic life bet365 voucher elderly,my country has established the grandchildren's support for grandparents under specific conditions for its grandparents since 1980。The law determines that the grandson and child are also the obligor of support,Basic survival bet365 voucher "weak" in the family,Strengthen family pension function,can also make up for the shortcomings of social security。The "Protection Law bet365 voucher Elderly" Article 14 bet365 voucher "Restaurant refers to the children bet365 voucher elderly and other people who have the obligations of support for maintenance in accordance with the law",Effective connection with civil legislation。

  Content bet365 voucher support obligation

With my country's economic and social development and the improvement of people's living standards,Relative support also pays attention to economic offering in the past,Start paying attention to the life assistance and spiritual comfort bet365 voucher elders's straight blood relatives。my country's "Civil Code" and the "Protection Law bet365 voucher Elderly" on the principle bet365 voucher content bet365 voucher maintenance obligations and the detailed regulations bet365 voucher maintenance obligations,highlight the unique value of relatives supporting relatives under the new development stage。

Therefore, the support obligations can be divided into narrow and broad senses。Narrow of narrow sense,Refers to economic support。Its basis is Article 106, paragraph 2, paragraph 2,Specifically to a certain amount bet365 voucher amount bet365 voucher right person to pay for the owner bet365 voucher maintenance obligor。Broadly for support,refers to the "supporter shall perform the economic support for the elderly determined by Article 14, paragraph 1, paragraph bet365 live casino games 1, paragraph 1 bet365 voucher" Protection Law bet365 voucher Elderly "、Obligations of Life Care and Mental comfort "。This provision expands the content of support obligations from the material level to the level of daily life care and spiritual comfort。The Protection Law bet365 voucher Rights and Interests bet365 voucher Elderly People in my country has increased the spiritual maintenance content such as "often go home" into a legal obligation,is the development trend bet365 voucher law conforms to the aging development bet365 voucher population,Enhanced relative support strength,The performance of achieving the purpose of ensuring the right to survival bet365 voucher elderly。Although such judicial referees cannot be enforced for enforcement,But it shows the values ​​that my country's law adheres to,At the same time, the function of urging obligations to perform obligations。

  Performance of bet365 voucher obligations

adult children、Grandson and children to parents、The support obligations bet365 voucher grandparents are personal and legal。During the last period of maintenance relationship,Although the law allows several supporting obligations to be agreed by the elderly,Performance of their respective support obligations through the agreement,but it cannot be exempted from the support obligations in an agreement,It must not change due to the marriage status bet365 voucher supporter (divorce、Remented、Benevolence) and terminate。Not only that,The performance of support obligations is also compulsory,Do not add any conditions。Obligations shall not give up inheritance or other reasons,Refusing to fulfill the support obligations。

Article 106, paragraph 2 bet365 voucher Civil Code、Article 1074, paragraph 2, stipulates it to be visible,Adult children to parents、The occurrence of grandson and children bet365 voucher grandparents is conditional。

Adult children must meet two conditions for the occurrence of parental bet365 Play online games support obligations: first,Parents must lack labor ability or life difficulties。The so -called "lack of labor ability",refers to the parents because bet365 voucher old age、Disease、Disables and other reasons cannot engage in physical or mental work,Complete or partial loss of labor。The so -called "difficult life",means that parents cannot maintain their lives with their own income or property。Parents only need to meet one of them that meets the requirements bet365 voucher law for the rights to support the rights bet365 voucher rights。So,It is not difficult for parents to live but lacks labor ability,Children should still fulfill their support for maintenance in accordance with the law。Second,Adult children have maintenance ability。This requires that adult children not only have economic burden,It should also be a person with a complete civil ability。

Grandson and Children as the second place in supporting obligations,When an adult child who supports the right holder is lacking,,Fang fulfills the obligation to support his grandparents。Therefore, "children have died or children are weak to support" are the primary conditions for grandson and children as the supporting obligant。Second,Grandpa has the needs of being supported。Article 1074 bet365 voucher Civil Code,However, the conditions bet365 voucher adults who have adopted the children to support their parents,This condition can be derived。Last,Grandson and children should be adults with burdensome ability。This so -called "burden ability",refers to the adult grandson to satisfy himself and the previous order of legal supporters (spouse、Children bet365 voucher minor、Parents) Reasonable Life、Education、Medical and other needs,The financial ability of supporting the parents bet365 voucher ancestors。If several grandchildren have a burden,As a supporter bet365 voucher same setting,It should be based on their bet365 live casino games respective economic conditions,Common burden on the support obligations of grandparents。

Method about support,There are two main types of legislative examples in the countries and regions bet365 voucher mainland law system: one is to live together。That is the supporting obligor to live with the owner bet365 voucher maintenance right holder,Direct support。Second, the person who supports the person who does not live with the right holder,and pay for the maintenance or paid in actual objects、Term visits、Take turns care and other methods to support the right holder。my country's "Civil Code" does not make clear stipulation on the way of support,In judicial practice,Judges usually follow the demands bet365 voucher parties,A combination bet365 voucher above two maintenance methods,Judging the case。With the changes in my country's family structure,adult children、Grandson and children are not with parents、Grandma's common life becomes normal。They to parents、The most direct way to support the grandparents is to pay regularly for the maintenance bet365 voucher supporter。The scope bet365 voucher maintenance fee is not limited to the living expenses bet365 voucher supporter,It should also include medical expenses、Nursing fee and other expenses。Persons who are obligations for support for their own life、Grandpa,Should bear the responsibility of care,Can't take care of it,You can follow the wishes bet365 voucher elderly,commissioned others or pension institutions to take care of。

adult children、Grandson to support parents、Grandpa is not only a traditional virtue bet365 voucher Chinese nation,Also the obligation they undertake according to law。my country's current maintenance system is based on the constitution,The Civil Code is the core,The Protection Law bet365 voucher Elderly's Rights and Interests is supplemented。With the development of social development and the aging bet365 voucher population,Future,The maintenance bet365 live casino games system in civil law should be parallel with the national pension welfare system and social security system,Coordinated system functions bet365 voucher living security bet365 voucher elderly。

  (The author is a researcher at the Institute of Law bet365 voucher Chinese Academy of Social Sciences)

Editor in charge: Chen Jing
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