In practice, it is said that the married daughter splashes out the water. For a woman, after living with her husband and parents, there is an extra pair of parents who have neither grace for their children nor fostering them. So when they are old , will they bear the obligation to support them? Does the daughter-in-law have the obligation to support the parents-in-law? Then, the editor of Hualu.com compiled some relevant information and learned with my friends How are obligations stipulated .
From a legal point of view, there is no article in our national law that clearly stipulates that children have the obligation to support their parents-in-law, and not supporting them does not violate the law. Within the scope of legal heirs stipulated by the law of inheritance in China, there are spouses, children, parents, siblings, grandparents and grandparents. That is, in China s Marriage Law, which specifically regulates marriage and family, the family relationships adjusted by it mainly include husband and wife relationships, parent-child relationships, sibling relationships, grandparents, grandparents, and grandchildren s grandchildren. Maintenance is a return-type obligation established on the basis of blood relationship and support relationship. The meaning of maintenance is basically in line with what we Usually say of filial piety. In our law, there is no obligation to support the daughter-in-law, nor does the daughter-in-law have the obligation to support the father-in-la w. There is no legal basis for not supporting a mother-in-law and being filial.
Therefore, the spouse of the dependent is not a legal dependent. Although the law requires that the spouse of the supporter assist the supporter in fulfilling the maintenance obligation, the obligation to assist is not a maintenance obligation, and this provision only applies to the duration of the spousal relationship. If the supporter dissolves the marriage relationship with his or her spouse, or the supporter dies, then the obligation of the spouse to assist the maintenance is automatically released.
According to the provisions of the Constitution, the Marriage Law, the Law on the Protection of the Rights and Interests of the Elderly, and related judicial interpretations, adult children have the obligation to support and support their parents. Support here means that the child provides the parents with the necessary living conditions, both materially and economically. As a supporter, the child should fulfill the obligations of financial support, 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. Article 21 of the Marriage Law stipulates that children have the obligation to support their parents. When children fail to perform their maintenance obligations, parents who are unable to work or have difficulties in living have the right to require their children to pay maintenance. There are two types of parent-child relationships in China:
According to the Law on the Protection of the Rights and Interests of the Elderly and the Marriage Law, the scope of caregivers only includes children born in wedlock, children born out of wedlock, adopted children, stepchildren with dependent relationships, and grandchildren and grandchildren who can afford them Daughter, excluding daughter-in-law and son-in-law!
Article 12 of the Inheritance Law stipulates that a widowed child-in-law who has performed major maintenance duties to his father-in-law and his mother-in-law to his in-laws may be regarded as the heir in the first order. Chinese law encourages widowed children to support their parents-in-law and widowed daughter-in-law to support their parents. Maintenance refers to the provision of living needs, and specifically refers to the child s material and living assistance to parents.