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Cartoon,http://ir.nul.nagoya-u.ac.jp
82-year-old LiuLaoTai fathered five daughters and a son, but the mother can take care of his son,louboutin soldes pas cher, Lee rarely. LiuLaoTai helpless to move with her daughter to live, who knows neither Ryu pay alimony, and almost never visits mother. To this end, LiuLaoTai son to court, requiring Lee to visit at least once a week yourself. Reporters learned yesterday from the Longgang Court, a trial court Henggang hospital LiuLaoTai win. It is understood that since the "elderly Protection Law" promulgated and implemented this year,http://coordisnap.com, Longgang court's first prosecution of elderly parents to visit their adult children require regular cases.
Di Chen Jing Bao reporter correspondent Zhang Jianguo
The plaintiff in this case LiuLaoTai born in 1931, is the Longgang District village of the indigenous inhabitants, its total fertility and her husband have one son and five women, whose son that is the case the defendant Lee has more than 50 years old. According to the traditional custom, LiuLaoTai couple has been living together with his son in the love of houses located. November 2008, LiuLaoTai had been a notarial will stand, will jointly all in a two-story building half the share of their own community with her husband and their cooperative shares held by the company nearly 2 million shares of the original Personal Lee inherited by the son of a designated person. September 2011, after her husband's death, LiuLaoTai although still living together with his son, but they live separately on different floors.
It is understood that because of the relationship between LiuLaoTai and daughter are not harmonious, resulting in a relationship with his son Lee is very tense. Although LiuLaoTai and son live in the same building,doudoune moncler soldes, but daily life can only rely on their own, Lee rarely intervene. Three meals a day, although Lee is responsible, but what the elderly eat, enough to eat, but not care,http://ir.u-gakugei.ac.jp, just do the dishes Lee delivered within LiuLaoTai room after eating had LiuLaoTai own washing. Over eighty of LiuLaoTai not only to their own laundry, cleaning,http://cutyayu.sakura.ne.jp/cabbs/sunbbs.cgi?mode=form&no=120&page=1pay, even when they are sick son Lee nor hospital treatment, can only rely on a few turns to take care of her daughter.
See the only son of their own indifference, simply failed to fulfill their duty, LiuLaoTai heartbroken, then in April this year, her family moved to live. After LiuLaoTai move out, Lee not only has not paid the alimony, rarely had visited his mother. To this end, LiuLaoTai angrily to the courts, asked his son Lee to visit at least once a week.
Reporters learned that, when hearing the case, except LiuLaoTai appear in court as a plaintiff, defendant Lee's sisters and uncle, aunt and other relatives present in the courtroom, hoping to see Lee, Lee persuaded the mother of filial piety. Unfortunately, as the defendant did not appear in court, Lee, but a lawyer to appear in court to participate in the trial.
Longgang Henggang court court after hearing that, respecting and caring for the young is the traditional virtue of the Chinese nation, "People's Republic of China elderly Protection Law" the second paragraph of Article 18, the family members and the elderly living apart, should regularly visit or greetings to the elderly. LiuLaoTai plaintiff has reached more than 80 years old, as one of its children, Lee accused the plaintiff LiuLaoTai response given life care and spiritual solace to be,louboutin pas cher, so that the elderly enjoy their twilight years. The plaintiff LiuLaoTai defendant moved out to live after her home, the defendant should regularly visit or greeting plaintiff. The defendant rarely visit his mother, both contrary to ethics, also in violation of the law. Tell please visit the original defendant at least once a week, in the circumstances justified,http://eigonohon.com, legal basis.
Meanwhile, the judge handling the case taking into account the special nature of such cases rather, decisions visitation is an obligation, unlike divorce disputes visitation is a right, as the defendant appealed his conviction, implementation issues not easy to solve, so the judge did not rush to judgment but a lot of mediation work, but because the parties deep grudges, always difficult to reach an agreement. To safeguard the legitimate rights and interests of the plaintiff,http://ktxlog.emmanuelc.dix.asia, the hospital then weekly visitation by law to sentence the defendant Lee LiuLaoTai plaintiff at least once.
After the first instance verdict, the defendant Lee refused to accept the verdict, to Shenzhen Intermediate People's Court appeal.
□ statement
How to perform the obligation to be innovative visits
"Huijia look" into the law, have aroused widespread controversy, in which the most controversial issue is how to perform. The newly revised July 1 this year,http://hiroshima-asahi.net/cgi-def/admin/C-002/bbs-1/visit/main.pl?PAGE_NUM=1,tn reuqin pas cher, implementation of the "People's Republic of China elderly Protection Law" clearly stipulates that the older family members living apart, should regularly visit the elderly or greeting. Guangdong Jun Liu Xiaohu a law firm lawyers said, the intention of this provision, the first play is prompt and vigilant role in the moral level, to promote and protect the elderly get more care and spiritual solace, because this is not the general ethical requirements , but also the legal requirements.
Liu lawyers said, as the contractor of the case the judge considered the same, with the particularity of the case, the judgment of the visits is an obligation, unlike the common visitation divorce disputes, divorce, visitation disputes active party to the proceedings are instituted claims, once the decision win, the party will get visitation rights actively to fulfill. And in this case, as the first instance verdict against the defendant, Lee, has filed an appeal. If the second trial still upheld the verdict, at least from the current situation, we should take the initiative to undertake the obligations Lee visits,http://www.ace-ace.co.jp/cgi-bin/pet_bbs/tkbbs1.pl, may be more difficult, when the court is facing a problem of difficulty in enforcement. "I can not be bailiff escorted his son to visit his mother, right?" In addition, Liu Xiaohu recommendations of the Civil Procedure Law enforcement measures in the future may have appropriate innovations, such as failure to perform duties similar visits,woolrich outlet, in addition to the traditional enforcement measures, may be considered to make denial Executive receives family education for some time, or make it to be a cell or a nursing home visits people do a certain number of community service, these means may be more effective in enhancing their visits will.
(Octogenarian mother sued the son requires weekly visits once)
(Edit: SN028) |
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發表於 2015-11-16 08:34:33
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