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(Original title: son and his wife divorced mother beg for 110,000 yuan, "nephew fee" was rejected)
Court after hearing the judgment, dismissed Li Meilan, the court held that the elderly take care of the children based on traditional customs and blood relatives of love, meantime, parents raising children also fulfilled its obligations and, therefore, to look after the elderly belong to the child's behavior is morally behavior, insufficient civil legal consequences. Meanwhile, the elderly and his son and daughter to take care of the child labor remuneration paid no prior agreement, has not provided any evidence to substantiate its child care expenses incurred during the somewhat, so its claims court not support it.
(Edit: SN123)
On the court, Li Meilan said: During three years of living together, she basically assumed the housework, with the grandson, the play the role of nurses and nannies. You can not pay for nothing, now more than three years to recover remuneration. Li Meilan former daughter responded that when a child is born,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, he had proposed a nanny, but her mother said is willing to take grandchildren, her mother and the child's growth to bring a lot of pleasure.
Laundry, cooking, take care of grandchildren, this is old Li Meilan Urumqi last three years of life. In early 2010, Li Meilan's grandson was born, to live after her son's home, free help with the grandchildren, do housework. Unexpectedly, this year, because of emotional discord, Li Meilan son and daughter divorced, the court awarded child daughter go. Li Meilan sad I will sue son and daughter together on the Urumqi Shuimogou district court, asking them to pay for their own grandchildren were born from January of this year,http://www.nonganxian.com/thread-344817-1-1.html,louboutin femme, a total of 46 months of labor compensation of 11 million yuan.
Zhang: I think this thing, the old man had this idea in itself is understandable, after all, so that the elderly obligation to care for their children so long,http://web.wd134.com/forum.php?mod=viewthread&tid=306379, she should be compensated, but I think that should not be used alone wages in this way,http://www.zhucheng163.com/forum.php?mod=viewthread&tid=896292, to the elderly should be more filial heart, buy clothes, or take them to travel.
Mr. Zhang said that the elderly take care of grandchildren is a kind of labor and family to pay, should be given a certain return for the elderly, but not necessarily in the form of wages:
Ma: I think both of them should be given nephew fee, kids how tough ah,christian louboutin homme, they did not find a nanny, the children gave their parents in eating healthy are very at ease, I think we should give. To this amount, the first is based on their income,gioielli tiffany outlet, as well as the living conditions of the elderly, an agreed amount, but also respect the wishes of the elderly.
CNR network Beijing October 25 news (reporter in Xinjiang Hami Ti), according to Voice of China "news evening peak," reported that, Urumqi Shuimogou District Court recently accepted the local first "nephew fee" dispute, a Mother son to court, asked his son to pay for three years with Sun fee 110,000 yuan, the court finally dismissed the mother's request.
Li Meilan elderly should be given to whether "nephew fee" this issue, the people who expressed their views. Ma believes the public with Sun charges should be given, should respect the wishes of the elderly:
Reporters learned through the investigation, Urumqi young parents, someone is paid monthly to the parents' nephew fee ", usually 1,000 yuan to 3,000 yuan, and more people choose to use other methods," make up " to the elderly to buy things, to travel with the elderly and so on. There are also individual people think that parents with grandchildren "right and proper." Lawyer 张淑滨 Xinjiang capital that is the legal obligation of parents to raise their children, but raising, to take care of grandchildren,http://alhk.net/forum.php?mod=viewthread&tid=704971, it is not the obligation of the parents. Parents help look after their children and grandchildren,http://bbs.g361.com/home.php?mod=space&uid=152612, it is a labor pay, children have the right to ask for remuneration. But legally speaking, only the two sides have agreed in advance, "nephew fee" in order to get the support of the law:
Zhang Shubin: The legally speaking, should be the court of this decision is right, because the grandchildren we from Chinese tradition,http://www.ha-life.cn/forum.php?mod=viewthread&tid=7814686, the grandparents, grandparents with grandchildren,hogan outlet sito ufficiale,http://www.q8788.com/read.php?tid=102, they are with a gift of service equivalent unless I agreed with you in advance,air jordan pas cher, even if the agreement is verbal, I give you my grandchildren, you give me a little compensation for the future, there is this convention can. Without this agreement will considered a gift behavior, but from the children on this side is concerned, for example, is paying parents did this one, voluntarily above should also give parents some compensation. |
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