Signed an agreement whether give up support parents?

2022-05-13 0 By

Details of a case introduce Wang Bo of villager of some village of Yongji city and his wife have a son and a daughter, Wang Bo is young from time to time handicraft, be willing to bear hardships, bring up a pair of children with his wife put up with all kinds of hardships, his wife dies because of accidental traffic accident later.Uncle Wang age slowly older, the side of the need for someone to take care of company, through the introduction of the next village li Aunt acquaintance, ready to remarry.Son Wang strongly opposed his father remarried, threatened if his father remarried, he will not support his father.Uncle Wang suffers from life and no one takes care of, but does not need the son to support with the agreement of the son, and re-establish a family with Li Aunt.After many years, li aunt died because of illness, in recent years Wang Uncle should be hospitalized because of illness, find children to seek help.The daughter thinks that she is not obligated to support her father.The son, Xiao Wang, took out the renunciation agreement signed many years ago and refused to support his father.Uncle Wang helplessly appealed to the court.According to the law, the court ordered uncle Wang’s children to pay 600 yuan alimony to uncle Wang each month and bear the corresponding hospitalization expenses.Taking care of the elderly is not only a traditional virtue of the Chinese nation, but also a legal obligation of children stipulated in the Civil Code.According to paragraph 2 of Article 26 of the Civil Code, “Adult children have the obligation to support, assist and protect their parents”. It can be seen that in the issue of supporting the elderly, children are in the same position and have the legal obligation to support their parents. Therefore, Uncle Wang’s daughter cannot refuse to support her parents because she is married.Meanwhile, the legal obligation to support parents cannot be waived by agreement.Article 1069 of the Civil Code clearly states: “Children shall respect their parents’ marriage rights and shall not interfere in their parents’ divorce, remarriage or post-marriage life.The duty of children to maintain their parents shall not terminate with the change in their parents’ marital relationship “.Therefore, the abandonment agreement reached by xiao Wang and Wang Uncle is invalid and cannot exempt its legal obligation to support his father.The Lantern Festival, the family reunion, is the traditional custom of the Chinese nation, is also the common wish of the Chinese children.Parents are the starting point of our life, but also the harbor where our hearts can rest.On the occasion of the Arrival of the Lantern Festival, I wish all parents good health and share tianlun.Disclaimer: This article is reproduced for the purpose of conveying more information.If the source is wrong or violated your legitimate rights and interests, please contact the author with proof of ownership, we will promptly correct, delete, thank you.Email address: newmedia@xxcb.cn