"Everything is Good" ends, have you figured out the legal issues in the play?
Release time: 2019-04-09 Preview times：1108
Recently, the most popular TV series "All Very Good", the plot touched the nerves of the public and aroused the resonance of many people. This TV series is so hot it can be described as "a mess."
With the popularity of the drama series, "native family", "patriarchal family", and "nibbles the old", similar topics have caused a lot of discussion. At the same time, family affection, jurisprudence, support and inheritance, and similar legal issues have also attracted much attention.
What legal issues need to be clarified in "Everything is Good"? On March 27, a reporter from Shanxi Evening News conducted an interview.
Question one
Does the agreement to sever the parent-child relationship have legal effect?
Plot description: Mingyu has been treated unfairly at home since he was a child. After going to college, I would find various reasons not to go home every time I was on vacation. Occasionally, when his father Su Daqiang was bringing her living expenses, he wanted Mingyu to go home, saying that his mother knew that she had done something wrong and missed Mingyu very much, and hoped she could go home and have a look. Mingyu was happy in her heart. After returning home, she discovered that it was her second brother Mingcheng who was going to get married. The Su family was going to meet with the other's parents, and Mingyu needed to come back to support the scene. Her mother's attitude towards her was the same as before. Mingyu was discouraged and had a big fight with his parents. After so many years of grievances were told, and an agreement was signed with his parents, Mingyu and the Su family broke off their relationship and paid off their 18-year parenting fees. No longer need to be responsible to each other, Mingyu no longer needs Su's living expenses, and his parents do not need Mingyu to provide for the elderly.
Question: In reality, does this agreement to sever the parent-child relationship have legal effect? Do children still need to bear the obligation of support? Can children inherit property?
Lawyer's statement: Attorney Zhang Jianhua of Shanxi Dingxinze Law Firm stated that this kind of agreement has no legal effect. In literature and film and television works, we often hear similar expressions such as "I want to sever father-son relationship with you". But contradiction is contradiction, and parent-child relationship based on blood relationship cannot be separated. The law of our country does not provide for the act of severing the parent-child relationship, so the parent-child relationship cannot be terminated with a single statement.
Therefore, the inheritance of property is obviously irrelevant to the declaration of severance of parent-child relationship. There are two ways for children to inherit the inheritance of their deceased parents, namely legal inheritance and testamentary inheritance. Article 5 of my country's Inheritance Law stipulates that after inheritance begins, it shall be handled in accordance with statutory inheritance; if there is a will, it shall be handled in accordance with testamentary inheritance. According to Article 7 of the Inheritance Law, only one of the following acts by the heir will lead to the loss of inheritance rights: (1) intentionally killing the decedent; (2) killing other heirs for the purpose of fighting for the inheritance; (3) abandoning the deceased The circumstances of the heir, or the abuse of the deceased is serious; (4) The forgery, alteration or destruction of the will, the circumstances are serious.
Therefore, for children who declare that they "have severed the relationship between father and son", as long as they have not done the above actions, they have the right to inherit their parents' inheritance. Of course, adult children still have the obligation to support, assist and protect their parents.
Question two
Can parents only raise their children until they are 18 years old?
Plot description: Because of her mother's preference for sons, Mingyu has been treated very differently from her two brothers since she was a child. When Mingyu felt unfair and questioned her mother, she got this answer: "Su Mingyu, you are a girl, how can you compare with your two brothers? You will be married in the future, and we are only responsible for raising you until you are 18. When we get old, we don’t need you to support it."
Question: Can parents only raise their children until they are 18 years old?
Lawyer's statement: Lawyer Zhang Jianhua said that, generally speaking, after their children have grown up and live independently, their parents no longer have the material and life support obligations. However, for adult children under the following circumstances, when the parents are able to afford it, the parents have the obligation to educate and support: 1. Lost or part of the ability to work, and their income is not enough to sustain their lives; 2. They are still in school; 3. Those who do not have the ability and conditions to live independently.
Question three
Can old people’s pensions cover alimony?
Plot description: Su Daqiang in the play becomes the same existence as Xie Guangkun. Netizens ridiculed: Xie Guangkun in the north and Su Daqiang in the south. Kun is so big that it can't be put down in the northeast. Strong work, shivering south of the Yangtze River.
In the play, Su Daqiang clearly has a retirement pension of 5,000 yuan per month, but he has been holding it in his hands without spending it, but instead "scraping" from his children in various ways.
Question: Usually, when I give money to my children, I change my face immediately. Su Daqiang's behavior of "no food or drink as long as money" not only intensified the conflicts between children, but also put his support problem in his later years into an embarrassing situation. Some netizens said that someone like Su Daqiang who is extremely selfish and doesn't care about his children at all, let him take his pension to live by himself. Can old people’s pensions cover alimony?
Lawyer's statement: Attorney Zhang Jianhua said that providing for the elderly is a basic citizen's obligation under the law, and the standard of support should be limited to the actual needs of the elderly, taking into account factors such as family, children's income, and burden. Generally speaking, if the elderly have income such as pensions and rent from house rentals, the income can be used to offset the maintenance expenses, that is, the children's maintenance expenses are appropriately exempted within the corresponding scope. However, this does not mean that children are exempted from their maintenance obligations, but that the burden on children should be appropriately reduced when reality permits.
For those with stable pension income like Su Daqiang, the court will generally no longer impose mandatory requirements on their children to the extent that he can afford them alone. However, if his income is not enough to cover the pension expenses, the insufficient part should be in principle. It is shared by the three children of Mingzhe, Mingcheng, and Mingyu.
You must know that support is not only financial satisfaction, but material conditions are only part of it. What the elderly need more is companionship. According to my country's Law on the Protection of the Rights and Interests of the Elderly, the maintenance obligations mainly include "economic support, life care and spiritual comfort", and children should take the initiative to perform legal obligations such as life care and spiritual comfort.
Question four
Can parents ask them to return the cost of buying a car and house for their children?
Plot description: After his wife died, Su Daqiang asked the elder Su Mingzhe to take him to the United States. Due to formalities and other matters, Su Daqiang lived in the second child Su Ming and got married. Ming Cheng had borrowed nearly 200,000 yuan from Su Daqiang and his wife for work, buying a house, getting married and other things as an adult, but they have never paid it back. So the brothers and sisters have discussed with them and decided that Su Daqiang's living expenses will basically be provided by the second family.
Su Daqiang has a set of accounts, which records every amount of funds Su's mother provided for her three children during her lifetime. Among them, Su Mingcheng remembered the most, including buying a house for him, changing cars and other expenses, and Su Daqiang asked the second child to pay back the account accordingly.
Question: In reality, can parents ask their children to return the expenses they have spent on buying cars and houses for their children?
Lawyer's statement: Lawyer Zhang Jianhua said that it is very common for parents to invest in buying houses and cars for their children. In principle, the identification of parental financial contributions should be based on the explicit expression of the parents as the standard. Once the parents express their intention to donate at the time or after the capital contribution, it is generally difficult to get support for claiming the loan relationship in the future. In real life, due to the close personal and property relationship between parents, there is often no IOU for parental loans, and parental gifts are often not clearly expressed. If the parent's proof of the loan is not sufficient, it should generally be deemed that the capital contribution is a gift, and the child cannot be required to return it.
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"Everything is Good" ends, have you figured out the legal issues in the play?
