Guide language
Support person is not able to abandon right of inheritance other perhaps reason, repudiate provide for is compulsory. Provide for of support person nonperformance is compulsory, be had to counterpoise by support person requirement support person gives pay solatium, medical treatment the fee such as cost.
The festival of lanterns is Chinese traditional festival, lunar round person reunions, it is everybody the desire in the heart. But things go contrary to one's wishes of hard to avoid, family member space two ground. Probably you already were between grid in, devote into the career of distance; Probably you are carrying travelling bag on the back, set foot on parting train. Situation of flesh and blood is difficult, reunion is not easy, be worth to be cherished well. However, this period the children in case does not understand this reason however...
Sue:
One's own children does not raise me. To the grandma this year 74 years old, the husband dies early, her endure all kinds of hardships will one one female bring up an adult to show nowadays, ought be the age that enjoys family happiness, a pair of children pay no attention to without giving thought to to her however. Deficient disease accompanies each other appeal several times to children to the grandma, but children here, either shuffle disputes over trifles, it is ignore. To the grandma thoroughly cold heart, to forensic to lodge a complaint, the request sentences your son and daughter every months to give pay solatium 200 yuan, medical treatment charge also by children joint responsibility.
Exculpatory:
Strange mother is too prejudicial. Over the court, the daughter realized her error, genuine be repentant. Son however the heart has unwilling, he thinks: The mother is long-term and prejudicial, there is a daughter only in the heart, since such, mother with respect to this by the elder sister one person provide for. In addition, he does not sufficient for refus foster mother still finds out additionally two reason in person: The mother did not create good living conditions to him, ought not to give him again incommode, and nature of her a respectful form of address for an old person is peculiar, bad to take care of.
Court decision: Provide for obligation wants to fulfill
People of autonomous county of the Tujia nationality of column of heavy a unit of dry measure for grain enters a judgement after forensic cognizance:
Rise every months 1 day to pay at adjudicating the day of become effective originally to the children of the grandma to the grandma the solatium that month 200 yuan; The to the grandma medical treatment charge since the day that adjudicates become effective originally oneself by its children average load.
With case view
" marriage law of People's Republic of China " the 21st the first section provision: "Parents has the obligation that brings up education to children; Children has the obligation of support help to parents. " the 3rd regulation: "When filial nonperformance provide for is compulsory, do not have labor ability or the parents that be badly off, requirement children pays the right of solatium. " " rights and interests of old people of People's Republic of China guarantees a standard " the 19th regulation: "Support person is not able to abandon right of inheritance other perhaps reason, repudiate provide for is compulsory. Provide for of support person nonperformance is compulsory, old people has requirement support person to pay the right such as solatium " . Accordingly, provide for parents is the obligation that children should use up, and this obligation is mandatory legal obligation, do not absolve because of any reasons. Reason, think to the son of the grandma to the grandma the reason such as prejudicial elder sister cannot become the legal particulars of a matter of obligation of its nonperformance provide for.
About the means of provide for, old people can choose according to the circumstance of oneself: It is collective life, be lived to live jointly by support person and provide for obligor namely, fulfil direct provide for obligation; 2 be pay the means such as solatium, visit, assist to fulfil provide for obligation through giving. In this case, the way that to the grandma the choice pays solatium through provide for obligor fulfils provide for obligation, fasten its to choose of one's own accord according to oneself circumstance, not lawbreaking regulation, and pay provide for charge every months 200 yuan to grandma view children, suit with daily life photograph, ought to give support.
In the meantime, " rights and interests of old people of People's Republic of China guarantees a standard " the 15th regulation: "Support person ought to make the old people of sicken gets in time treat and nursing; To the old people of economic difficulty, ought to offer medical treatment fare. " accordingly, appeal to to what medical treatment of burden of grandma request children expends beg also should give support.
The judge sends word
Filial piety of 100 be apt to is first. Provide for parents is the traditional goodness of the Chinese nation, it is the legal obligation that children should use up to parents more. The argument that no matter children is own,raises an old person to do not sufficient how sufficient, do not approbate for legal place. We hint sincerely here: The sheep has genuflect breast feeling, crow has feed back justice, truth ten million, give presents the first.
Article origin / Chinese general law
