Are parents-in-law a family member? Are they an outsider if they are separated? Lawyer talks about the embarrassing situation of his wife

Marriage means becoming family with your partner's original family. This sentence not only talks about human sentiment, but also contains the responsibility obligations stipulated by law. Few people notice that according to the Civil Law of our country, son-in-law, daughter-in-law and mother-in-law have the legal responsibility to support parents-in-law and in-laws. Even if the other half passes away, the support still exists.

"Why is my responsibility for my partner's parents?", "If my husband passed away, why would my daughter-in-law continue to serve her parents-in-law? It's not fair!" These questions may be the questions of many people. But the famous family case lawyer Xu Fangyu told the story: "The earliest legislative spirit of civil law is actually to hope that daughter-in-law and son-in-law will be regarded as part of the family. They will not leave the network where the family cares for each other because of the death of a person."

{9 99} {what are responsible for the "direct marriage relationship" in civil law?

Xi Fangyu pointed out that parents-in-law and daughter-in-law, parents-in-law and son-in-law are legally "direct marriage relationships." According to civil law, marriage relations are not affected by the death of one of the couples, and only divorce or withdrawal of the dispute will be terminated.

What is the legal meaning of the existence of marital relations? Article 1114 of the Civil Law stipulates that "if a husband and wife live with the parents of another, the obligation to support each other is to support each other." In other words, if parents-in-law, parents-in-law, daughter-in-law and son-in-law live together, they have the right to ask the other party to support themselves. Is it possible that the

Nursinging duties will not be fulfilled? Feng Fangyu pointed out that in addition to divorce, Civil Law Section 1118 Article 1 also stipulates: "A person with the right to support the caregiver will deliberately abuse, major insults or other physical and mental illegal infringement against the person with the support, his spouse or direct blood. …… A person with the support the caregiver may ask the court to reduce the caregiver."

For example, if the parents-in-law have committed improper behaviors such as bullying and physical violence against his daughter-in-law, his son, and even his parents, the daughter-in-law may request the court to reduce the caregiver's duties in accordance with the law. In addition, the civil law stipulates that "those who live with other parents" in one spouse have the burden of support. If the husband passes away and his wife is separated from his parents-in-law, he will not need to fulfill his support. The same is true for the son-in-law and his parents-in-law.

However, Feng Fangyu also reminded that separation will not dissolve the marriage relationship. This marital relationship may still involve Article 294 of the Criminal Law on the crime of cessation: "For persons who are self-rescue, who are subject to assistance, nurturing or protection in accordance with the law or contract, or who are not necessary for their survival, shall be sentenced to fixed-term imprisonment of more than June and less than five years." She mentioned that a court of First Review believed that there was no cohabitation but only a pure marital relationship and that would not be convicted of cessation, but believed that it was necessary to clarify the actual situation.

For example, when the husband passed away, his parents-in-law had no other children, he had no relatives who could support his duties, and he had no ability to take care of himself. At this time, if the daughter-in-law leaves the family and refuses to accept the parents-in-law, let them suffer. Or, if the daughter-in-law lives with her parents-in-law, the elderly person who is in the middle of the year suddenly becomes critically ill or has an accident. If he needs urgent medical treatment, his daughter-in-law will not give 119 or other assistance, and he may still be guilty of trash.

Xi Fangyu pointed out that from a practical point of view, parents-in-law and parents-in-law rarely accuse their daughter-in-law of not fulfilling their support duties. However, the elderly’s grievances about their daughter-in-law or son-in-law are often expressed in other complaints. Common reasons include: accusing the other party of abdication, unfair distribution of property, etc. "The cost of supporting her is probably only more than 20,000 yuan per month. She has to pay for her daughter-in-law by using other judicial cases," said Feng Fangyu.

She believes that under the current law, a son-in-law and daughter-in-law will definitely face an embarrassing situation: "When the other half leaves, I leave a debt, and I can still give up. But how should I give up the other party's parents?"

Are you responsible for taking care of your parents-in-law and don't have the right to distribute your property? There is also a little bit of a daughter-in-law's wife and son-in-law's wife: they are responsible for taking care of the other party's parents, but they do not have the right to distribute the other party's property.

According to Article 1138 of the Civil Law, except for the spouse, the other inheritors are: direct blood-hard and humble relatives (usually children. If the children have passed away, they will be inherited by Sun Wai), parents, brothers and sisters, and grandparents. In a nutshell, daughters-in-law and son-in-law have no legal right to separate parents-in-law or parents-in-law from their parents-in-law.

Xi Fangyu pointed out that some parents-in-law would hope to take care of their daughter-in-law after their children, so that their daughter-in-law would become legitimate "family members". The industry can be kept for the other party, and it is more willing to take care of each other. But unfortunately, as long as the direct marriage relationship still exists, it is impossible to obtain it according to Article 1073-1 of the Civil Law. After the daughter-in-law is alone, there is only one situation that may be able to obtain the property of her parents-in-law: the child is borne by the substitute, and the proportion of the property is equivalent to the proportion of her husband and other children of her in-laws.

"The legislative logic of early laws is "the mother is rich by the son." Feng Fangyu said that the history of drafting the Civil Law can be traced back to nearly 90 years ago, and most of the lawmakers involved in the legislation were men. Although the articles of the Civil Law have been revised and added over the years, this law basically has a traditional orderly and consistent conception of family.

However, she also pointed out that marriage relationships are not just about difficulties. Because of marriage, when parents-in-law and parents-in-law get sick or die, their daughter-in-law and son-in-law are able to ask for family care for leave and leave. When applying for a loan with the bank, the marriage can be a certifier, etc. From a different perspective, marriage can also be our support system.

If you want to divorce, emotional problems are always more difficult to solve than legal problems.

In fact, if you want to terminate a legal marriage, divorce is the fastest way. But Feng Fangyu observed that men and women of more than 50 generations may not be able to end their marriage simply when facing divorce. The stuttering and stuttering are not legal issues, but emotional contradictions.

Many people are afraid of loneliness. Regardless of whether they are happy or not, they always hope that they can still have a partner to accompany them in the second half of their lives. Some people also have unwilling feelings and are unwilling to hand over the achievements of their years of business to others. "When you are suffering, you are with me, and when you are good, you go and find someone else." Feng Fangyu described their mood in this way.

Excluding emotional factors, some people are not involved in the distribution of property distribution in divorce. According to the Civil Law, couples have the right to "remaining the distribution of remaining property differences" when they divorce. To put it simply, if the couple accumulates their property after marriage, the debt after marriage is deducted. The party with less property can ask the party with more property to half of the property difference between the two parties.

Despite the law as stipulated by this, Feng Fangyu said that many couples will start "hiding money" or transferring their property when they plan to divorce. In fact, she saw that many women usually take more than 3 years from preparing to actually proposing divorce. The purpose of spending so long is to find out the hidden assets under the other party's name, or to allow the other party to earn more property loans, etc., to ensure that you can get enough property after divorce.

Since the divorce is so complicated, some people are willing to stay in the marriage. Feng Fangyu once asked a friend, since her husband is so bad, why don’t he divorce? The other party told her, "My husband gave me a piece of 3-5 car seats, allowing me to raise my dog. When I divorced, I couldn't find a place to raise my dog."

Zhen Fangyu said with emotion that marriage is actually an increase in emotional growth. Many things are two sides, neither the right thing is absolutely good nor the right thing is absolutely bad. How to choose is just a personal choice, it doesn't matter. "There is no simple answer in life."

Whether your partner is present or not, you must take good care of yourself

in Japan. In recent years, the phenomenon of "divorce after death" has begun to appear. Article 728 of the Japanese Civil Code stipulates that after the spouse dies, the other party may apply to end the marriage relationship. Most of the applicants are women, hoping to quit their responsibility to support their parents-in-law by termination of their marriage relationship with their parents-in-law. Feng Fangyu pointed out that there are similar discussions in Taiwan at present, but there are still no specific proposals for amendment.

As for the current social situation in Taiwan, the daughters-in-law who cares about parents-in-law are more likely to care for son-in-law who cares about parents-in-law. Since it is too numb to divorce before death, it is impossible to divorce after death. What should women do?

After 27 years of business, Feng Fangyu has seen many women die in middle age and lose the focus of their lives. She suggested that if your spouse passes away, if you have a good relationship with your parents-in-law, you might as well treat your marriage as a support system for yourself and your children. Whether your partner is here or not, you are forever family.

If your relationship with your marriage is not very good during your lifetime, or your relationship is absent because your partner is born. Her suggestion is: be more generous and do not regard the words and deeds expressed by people when they are injured as daily relationships.

She has seen many such cases, and the wife and the elderly have lost their son. The whole family was deeply trapped in the grief, and there were still big and small conflicts when they were in the aftermath. Typical reasons for quarrel include: old account "I told you to open a knife at that time, but you don't want it." "In the past, my husband used to pay so much money to support his father, but now they still have to separate the property?", "My son's house is an ancestral house, you can't inherit it." etc.

"All the conflicts are actually manifestations of injustice." Feng Fangyu said that the once family members never interacted with each other until they died. Why isn't it a pity? Many times, conflicts between women and marriage may not be really a "fight", but are caused by the fear of losing support after the death of their partner.

Therefore, she wanted to suggest that women should take good care of themselves regardless of their current marriage status, their partner is present or not. Reliance and habits can make it very difficult for people to be in any relationship. Once the person you rely on is gone, your injustice will become deeper and you will be unable to see the problem rationally.

Everyone will eventually become one person when he lives to the end. If you can be independent, you will not be afraid of any changes in your life. "Take good at taking care of yourself is actually solving all the problems!" she said.

Original text: When a parent-in-law is a family member, when a parent is a foreigner? Lawyer Feng Fangyu talked about his wife's wife's two difficulties