According to the Civil Code, it is illegal for a child not to support his or her parents! And if the wife does not support the in-laws and the husband does not support the mother-in-law, it is not illegal!
Recently, many people on the Internet are saying, this is contrary to common sense and public morality? Many elderly people are worried that in this way, their children will not be able to rely on them in the future, and who can we rely on? Let's take a look at the provisions of the Civil Code.
The Civil Code stipulates that children have the obligation to support their parents; children and grandchildren have the obligation to support their grandparents and maternal grandparents in certain circumstances; daughter-in-law is not the legal heir to the in-laws' property, and the son-in-law is not the legal heir to the property of the in-laws.
The Civil Code does not stipulate that a daughter-in-law has the obligation to support her in-laws and son-in-law to her in-laws; the law encourages daughters-in-law to perform maintenance obligations to her in-laws and sons-in-law to her in-laws.
The reason for this is based on the fact that China has entered a relatively serious aging society, and due to the implementation of the basic national policy of family planning in the late last century, there are still a considerable number of only children at this stage. If the corresponding provisions are not made, "each person sweeps the snow in front of the door", which is bound to cause an excessive burden of old-age care for the only child, which is not conducive to social harmony and stability.
1. The Civil Code clarifies the links between maintenance duties in the family
The Civil Code clearly states that the relationship between the child and the biological father and mother exists only, and there is no in-law duty with regard to the nominal in-law father-in-law and in-laws, such as the mother-in-law and the in-laws.
Women who have experienced the oppression of their mother-in-law can't help but clap their hands when they see that "the daughter-in-law has no duty to serve the mother-in-law", and their husbands are dissatisfied, "After receiving the bride price and entering the house, the daughter-in-law is the man's family, why is there no duty to adopt the mother-in-law?" ”
When the husbands see that "the son-in-law does not have the responsibility of providing for the elderly to the father-in-law and mother-in-law", they can't help but cheer, and their wives fall into distress: "If in order to maintain a small family, return to the family to become a full-time mother, there is no economic income, how to give their parents and mothers a pension?" ”
Some people say that the Civil Code ruthlessly tore apart many pretending to be friendly marriages by clarifying the duty of support between family members.
Objectively speaking, the Civil Code only guides people to adjust their duties in terms of legal connections, and the determination of the estrangement and proximity of the legal has always existed since the Inheritance Law, but the Civil Code has emphasized the effect here.
According to the rules of the Succession Law, if one of the spouses dies, the property is cut according to the property, first of all, the joint property of the husband and wife, and then in the order of succession or legal succession, the inheritance of the deceased party's property. Legal succession is divided into two major succession orders: the first order is mom and dad, lover, and children, and the second order is brothers and sisters, grandparents and grandparents.
From the perspective of the legal succession order, the inheritance relationship only exists in the individual's parents, lovers, children, brothers and sisters, grandparents and maternal grandparents, and there is never any mention of in-laws such as fathers-in-law and in-laws. If you want to have an industrial cutting connection with your in-laws and parents, you will also divide the proportion of one party's industry to the father and mother of this party after cutting the joint property of the husband and wife.
In this regard, the Civil Code continues the article that the industry is a common property during the existence of the husband and wife connection. This means that as long as two people are still husband and wife, using the common property to support mom and dad or mother-in-law or in-laws, it means that the other half is also doing their duty. If two people divorce, the marital connection disappears, and the common industry is cut off, the son-in-law does not have to serve his father-in-law and mother-in-law, and the daughter-in-law does not have to serve his in-laws. In normal marital contact, it is still a necessary responsibility for both husband and wife to support parents.
The decree guarantees the minimum limit of justice and justice, and its principle is that all powers and duties must be reciprocated. In-laws do not raise their daughters-in-law, and daughters-in-law naturally have no statutory duty to support their mothers-in-law, in the same way, fathers-in-law and mother-in-law do not raise sons-in-law, and sons-in-law certainly do not have the duty to support fathers-in-law.
Decrees are the bottom line for adjusting family maintenance duties, but not the rope ruler. In other words, the decree has the necessary rules of duties to do, and those without responsibilities are not impossible to do, and for the sake of family friendliness, they automatically assume the responsibility of maintenance that is not a statutory duty, which is also the embodiment of the responsibility.
2. The source of family antagonisms
What is the origin of family antagonism, is the inequality of economic foundations, or is interpersonal connection difficult to deal with? This issue does not seem to be clear enough.
But here I give a kind of reflection: many unnecessary disputes stem from a sense of unclear boundaries between family members and a desire to manipulate in the name of love.
Why is it said that mother-in-law and daughter-in-law are natural enemies? Luo Fat once quipped in a program, "My mother-in-law said that I spent a few years teaching my son how to put on his pants, and as soon as his daughter-in-law came, he took off his pants." Although Luo Fat is suspected of telling a paragraph, he explains the origin of the opposition between mother-in-law and daughter-in-law very popularly.
The normal logic should be that the mother-in-law, as a mother, taught her son the basic life techniques, and how the son will live in the future and who he will live with is only the son's own daily life. The mother-in-law thought that the arrival of the daughter-in-law would reduce the weight in her son's heart, thus reducing her control over her son's life, which was the embodiment of the mother-in-law's sense of boundaries for her son as a mother.
It's not so much love as it is a manipulative lust. This selfish desire of the mother-in-law naturally clashes with another woman who enters the son's life. If the daughter-in-law is generous, or even tolerant, the opposition between the mother-in-law and the daughter-in-law will naturally not be explicit, on the contrary, if the daughter-in-law's excessive interference with the mother-in-law reflects the evil feeling of resistance, the mother-in-law confrontation will be quickly promoted.
In the same way, the origin of the opposition between the mother-in-law and the son-in-law is the same.
From childhood to adulthood, the daughter was spoiled by her mother-in-law, a little princess with "ten fingers not staining the spring water", and suddenly one day she had to wash and cook for someone else's house, and her mother was of course very sad. If the daughter and son-in-law have a happy and smooth life, if the daughter is bitter and angry every day, can the mother-in-law not jump like thunder and be angry with the son-in-law?
The sense of boundary between the mother-in-law and the daughter is also not clear, in their knowledge, what is love, love is not divided into each other, your affairs are my affairs, you suffer I want to bear for you, if someone oppresses you, I will not come forward for you who will come forward for you. The mother-in-law also wants to manipulate her daughter's marriage date, because she is afraid that because of her absence, her daughter will be bullied.
Of course, the original intention is to protect the daughter, but this desire to manipulate will only aggravate the complexity of the opposition. Originally, the small conflict between the two mouths, once the external forces of the mother-in-law intervened strongly, it was equivalent to going online.
Similar recent policy interpretations are in the Civil Code, which, in addition to the above, also involve the following:
Can't live in your own house? "Right of abode" is required
Seven types of liabilities that do not need to be repaid? Can you ask the Civil Code?
Sky-high bride price revoked? You can also ask the Civil Code
Daughter-in-law does not have the responsibility of raising in-laws? The Civil Code tells you
As China's first law named after the "code", the Civil Code is also known as the "encyclopedia of social life", which is a code closely related to the lives of 1.4 billion people, almost including all the big things and small things that you have from birth to reading, to work, to buying a house and a car, to having children, to separating families and property, to enjoying your old age.
The newly promulgated Civil Code re-requires the unhealthy trends in daily life, and the re-revision of the Civil Code can be said to be taken from daily life and used in daily life, which is more in line with your cognitive ability.
In addition, the Civil Code is also known as the Social Encyclopedia Dictionary, which is closely related to people's lives, it not only contains the content of family marriage, but also includes the Property Law, the Contract Book, the Right to Personal Freedom, the Succession, the Liability for Compensation, etc., which have undergone a lot of changes in the Civil Code.
In today's society, we can not be small, but we cannot be blind, and we can give up the opportunity to protect our dominance when things happen.
Having grasped this Civil Code, there is no doubt that it is the best source for learning the laws and regulations of life. Whether it is placed in the home to ward off evil spirits, or applied at work, it is all excellent choice. Often turn it over, so that when encountering dispute cases, everyone has a bottom in mind and rules to follow.
Life does not believe in tears, and fate is controlled by laws. Family growth and learning are necessary, use and check, and do not seek people for anything.