Adult children must not give up the right to inheritance or refuse to fulfill their support obligations to parents

Adult children must not give up inheritance or other reasons

Refuse to fulfill the support obligation to parents

——Liu Moujia, Luo Moujia, Luo Mouyi, Luo Moubing, and Luo Mou Ding support disputes

Referee

Parents are the legal obligations of adult children and should not be attached to any conditions. Parents who do not fulfill their support obligations, and parents who have no ability to work or have difficulty living have the right to pay for adult children. Parents have sufficient autonomous distribution rights for personal property. Whether they are selling or gifts, their children have no right to interfere; adult children must not give up the right to inheritance or other reasons and refuse to fulfill their support obligations.

Basic case

Liu Mou sued the People's Court of the Steel City District of Jinan City that Liu and his husband Luo Mou had three daughters and one son, namely Luo Jia, Luo Mou, Luo Bing and Luo Mouding. Luo died on October 24, 2020. He now only lives in Liu, who is only 84 years old.鉴于之前罗某甲、罗某乙、罗某丙、罗某丁对刘某及罗某的态度，及罗某住院期间子女不管不问的情形，刘某要求罗某甲、罗某乙、罗A certain B, Luo Mou Ding's support obligations, but did not ask them to take care of them, and requested that Luo Moujia, Luo Mou B, Luo Mou Bing, and Luo Mouding paid Liu Mou's maintenance for 1200 yuan per month (this fee included living expenses included living expenses The cost of nursing workers does not include medical expenses, and the medical expenses actually advocate separately after the incurring); the litigation fee is borne by Luo Moujia, Luo Mou, Luo Moubing, and Luo Mouding.

Luo Moujia, Luo Mouyi, and Luo Bing argued that: the three sisters are trying to take care of their parents' lives, but their parents have adopted dual standards on the issue of real estate and pension. Average. Luo Mou Ding had a house and deserved to bear the main support obligations.

The People's Court of Gangcheng District of Jinan City found out that Liu and Luo Mou had three daughters and one son, namely Luo Jia, Luo Mou, Luo Bing, and Luo Mouding. Luo died on October 24, 2020. Liu suffers from a variety of diseases such as coronary atherosclerotic heart disease. Prior to the lawsuit, the Sister Housekeeping Co., Ltd., Laiwu District, Jinan City took care of Liu's life and charged 3 months of service costs of 8280 yuan, which was 2760 yuan/month.

Referee result

Judgment of the People's Court of Gangcheng District, Jinan City: 1. Luo Moujia, Luo Mouyi, Luo Moubing, and Luo Mou Ding have paid Liu Mou's living expenses and nursing fees for 800 yuan each month since January 2021 (the verdict came into effect a month ago The living expenses and nursing expenses will be paid within five days from the date of effectiveness of the judgment. The remaining living expenses and nursing expenses will be paid before 28th from the month of the decision.

After the first trial was made, the parties did not appeal, and the judgment of the first instance had taken effect.

Case interpretation

Article 26, paragraph 2 of the "People's Republic of China" stipulates: "Adult children have the obligation to support, assist and protect their parents." For parents who lack labor or difficulty in living, have the right to require adult children to pay for maintenance. "This is the regulation of the Civil Code about adult children. Parents are the legal obligations of adult children and should not be attached to any conditions. Adult children must not give up inheritance or other property rights, and refuse to fulfill their support obligations.

"Hundred Filial Piety is the first", the Chinese nation has the traditional culture of respecting the elderly, pension, and helping the elderly. It has been the traditional virtue of the Chinese nation since ancient times. Parents are also the legal obligations of their children. Adult children should fulfill the obligations of economic support, life care and spiritual comfort for the elderly, and take care of the special needs of the elderly. In real life, multi -children families usually negotiate with their parents' maintenance issues. However, many children also resigned on various reasons when their parents raised their maintenance requirements: some refused on the grounds that their parents had enough income and enjoyed social insurance; some pushed each other on the grounds that the property distribution was unfairly distributed and the economic conditions were poor. Article 19 of the "Protection Law of the Elderly of the People's Republic of China" stipulates: "The supporter must not give up the right to inherit or other reasons, refuse to fulfill the support obligations. . The supporter must not require the elderly to bear the work that cannot be inaccuated. "Article 22, paragraph 1, stipulates:" The elderly have the right to possess, use, return, and punishment in accordance with the law. Interference shall not infringe on the property rights and interests of the elderly by stealing, deceiving, and forcibly obtaining. "Parents are the legal obligations of adult children, neither refuse to refuse, nor additional conditions, nor involve property division. Parents have sufficient autonomous distribution rights for personal property. Whether they are sold or gifts, their children have no right to interfere. Even if the children feel that their parents are eccentric and unfairly distributed by their parents, they must not refuse to fulfill their legal obligations for supporting their parents on the grounds.

In this case, because Liu did not fully communicate with his children when he distributed the property, he affected the harmony of the family. The old man insisted that the lawsuit was not due to the maintenance of the maintenance, but because the heart was unsolved. Compared to material maintenance, the elderly are more eager for mental support. Article 14, paragraph 1 of the "Protection Law of the Elderly of the People's Republic of China" stipulates that "the supporter shall fulfill the obligation of economic support, life care and spiritual comfort for the elderly, and take care of the special needs of the elderly." Article 18: 1 and 2 stipulates: "Family members should care about the spiritual needs of the elderly, and must not ignore or leave the elderly. Family members who live with the elderly should often visit or greet the elderly." Liu who lives alone. In terms of, what I want to get is not a few hundred yuan a month for the daughters, but the mother and daughter are more eager to see the previous side, in order to solve the loneliness and the suffering of their children, and the spiritual needs can be satisfied. Correlation

Article 26 of the "People's Republic of China" Article 26 Parents have the obligation to raise, educate and protect minor children.

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

Article 1067 of the "People's Republic of China" Article 1067 Parents who do not fulfill their support obligations shall have the right to pay for the support for the support for the support for the support for the support of the support.

If adult children do not fulfill their support obligations, parents who lack labor ability or difficulty in living have the right to require adult children to pay for maintenance.

Article 14 of the "Protection Law of the Elderly of the People's Republic of China" should fulfill the obligations of economic support, life care and spiritual comfort for the elderly, and take care of the special needs of the elderly.

The supporter refers to the children of the elderly and other people who have the obligation to support in accordance with the law.

The spouse of the supporter shall assist the supporters to fulfill their support obligations.

Article 18 of the "Protection Law of the Elderly of the People's Republic of China" family members shall care about the spiritual needs of the elderly, and shall not ignore or leave the elderly.

Family members who live separately from the elderly should often visit or greet the elderly.

Employers shall protect the right to visit relatives on vacation in accordance with relevant national regulations.

Article 19 of the "Protection Law of the Elderly of the People's Republic of China" must not give up the right to inheritance or other reasons, and refuse to fulfill the support obligations.

The supporter does not fulfill its support obligations, and the elderly have the right to request supporters to pay for maintenance.

The supporter must not require the elderly to bear the work that cannot be inaccuated.

Article 22 of the "Protection Law of the Elderly of the People's Republic of China" Article 22 The elderly have the right to possess, use, return, and punishment in accordance with the law. Methods infringe on the property rights and interests of the elderly.

The elderly have the right to inherit their parents, spouses, children or other relatives in accordance with the law, and have the right to accept gifts. Children or other relatives shall not invade, grab, transfer, hide or damage the property that the elderly shall be inherited or received by the elderly.

For the elderly, the property shall retain the necessary shares for the elderly spouse according to law.

Profile

Su Youqin, a first -level judge of the Judgment Management Office (Research Office) of the People's Court of Gangcheng District, Jinan City.

Source: Shandong High Court Audit Office

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

- END -