Civil Code (Marriage and Family)
A series of courses in the general education classroom
On January 1, 2021, the Civil Code of the People's Republic of China came into effect. On the premise of adhering to the system of freedom of marriage, monogamy, and equality between men and women, and in light of the needs of social development, the Marriage Law and other laws have been revised and improved in response to the needs of the new situation and new problems in the field of marriage and family, responding to the needs of the times and the expectations of the people, and providing a strong legal guarantee for shaping healthy and harmonious marriage and family relations.
In order to deepen the rule of law publicity of "Building the Rule of Law in Hainan, Women in Action", guide the majority of women and families to respect the law, learn the law, know the law, use the law, and abide by the law, effectively improve the awareness and ability to protect their own rights and interests in accordance with the law, and promote family harmony and social stability, the Hainan Provincial Women's Federation has launched a series of law popularization classes on the "Civil Code" of Sister Ye's Statement, focusing on common marriage and family legal issues, analyzing and interpreting the law through typical cases, and explaining the law and reasoning, so that everyone can learn and understand the "Civil Code" (marriage and family edition) and other relevant laws and regulations.
In this issue of [Sister Coconut's Statement] Civil Code (Marriage and Family Edition) Law Popularization Classroom (4): Grandparents raise on their behalf, and the legal obligation of parents to support them cannot be exempted.
Case
Tian (pseudonym, male) and Fu (pseudonym, female) got married in March 2014 and gave birth to a daughter Tian Xin (pseudonym, female) after marriage. Tian and Fu have been separated since 2016 due to discord between husband and wife, and both parties left their places of residence to work outside the province. Tian Xin has been living with his grandparents Uncle Tian and Aunt Wang since January 2017, and all living and education expenses are borne by the two.
In July 2022, Uncle Tian and Aunt Wang sued the court, demanding that Tian and Fu pay their granddaughter Tian Xin's medical expenses, education expenses, insurance premiums, living expenses and other expenses from January 2017 to January 2022.
The court ruled that Tian and Fu should pay Uncle Tian and Aunt Wang a total of 108763 yuan for Chengxiao's medical expenses, education expenses, insurance premiums, and living expenses from January 2017 to January 2022.
Sister Coconut said
Do grandparents have an obligation to support their grandchildren?
Paragraph 1 of Article 26 of the Civil Code of the People's Republic of China stipulates that parents have the obligation to raise, educate and protect their minor children. Divorce of parents does not eliminate the relationship between parents and children and does not affect their qualifications as guardians.
The first paragraph of Article 27 of the Civil Code of the People's Republic of China stipulates that "the parents of minors are the guardians of minors. "Divorce of parents does not eliminate the relationship between parents and children and does not affect their guardianship qualifications.
According to the laws of mainland China, if the child's parents have guardianship capacity and have not been revoked guardianship qualifications, grandparents have no obligation to support their grandchildren and do not bear the necessary expenses incurred in raising and managing the children.
In this case, Tian and Fu are Tian Xin's parents and have a statutory obligation to raise and educate them. Under the circumstance that Tian and Fu have the ability to support them, Uncle Tian and Aunt Wang, as grandparents, have no legal obligation to support Tian Xin. The medical expenses, education expenses, living expenses and other expenses paid by grandparents Uncle Tian and Aunt Wang for raising their granddaughter during their primary school out of family affection cannot be regarded as a gratuitous gift to Tian and Fu. In the absence of an express agreement, it constitutes management without cause, and has the right to require Tian and Fu to return the relevant expenses advanced.
In real production life
Women sisters if they have legal problems
or infringement of rights and interests
You can ask the Women's Federation
(Women's Rights Hotline 12338)
Ask for help
Source: Hainan Provincial Women's Federation Rights and Interests Department Summary Editing Text: Fang Lili Review: Wang Chudie