Our reporters Zhang Xuan and Li Ping
"There are no bride prices and dowry thresholds", "children follow their mother's surname", "live with the native family"...Different from the traditional "marriage and marriage", "marriage at two ends" has brought its own traffic since the report and has become a hot topic among netizens .
At the same time, Qin Pengbo, assistant judge of the People's Court of Haidian District, Beijing, gave a detailed interpretation of the possible legal problems in the "marriage of two ends".
Question: Can a parent raise only a child with his own surname and refuse to raise another child?
Answer: The Civil Code provides detailed regulations on the upbringing of children in the Marriage and Family Chapter, and the obligation of raising does not change depending on which surname the child follows.
Both spouses shall equally enjoy the right to raise, educate and protect minor children, and jointly undertake the obligations of raising, education and protection of minor children.
Where parents fail to perform their duty of support, minor children or adult children who cannot live independently have the right to demand support from their parents.
Grandparents and grandparents who can afford have the obligation to raise minor grandchildren and grandchildren whose parents have died or whose parents are unable to raise them.
Question: Can children with surnames only support unilateral "grandparents"?
Answer: The maintenance obligation stipulated by the law does not change depending on which surname the child follows. If a family member is abandoned or abused because of the surname, severe cases will face criminal sanctions.
Adult children who fail to perform their maintenance obligations, parents who lack the ability to work or have difficulties in life, have the right to demand maintenance payments from their adult children.
Grandchildren and grandchildren who can afford are obliged to support their grandparents and grandparents whose children have died or whose children are unable to support them.
Parents and children have the right to inherit each other's inheritance.
Question: Can children without a family name inherit the inheritance of their parents and grandparents?
Answer: In the case of statutory inheritance, the right and share of inheritance will not change depending on which surname the child follows.
After the 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 or bequest; if there is a legacy and support agreement, it shall be handled in accordance with the agreement.
Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.
Legal inheritance means inheritance in order, not according to the surname or gender in customs.
Question: What legal conditions are required for the property of the husband and wife to belong to each other after marriage?
Answer: Even if there is no bride price and dowry, the property agreement of a "two-headed marriage" couple cannot stop at the custom, but must meet the legal requirements. The agreement of the husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties. Both the man and the woman may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned, jointly or partly owned separately or partly jointly. The agreement shall be made in writing. Husband and wife have the obligation to support each other. The party in need of support has the right to demand support payments when the other party fails to perform the obligation of support. Therefore, the property agreement of the husband and wife should be in written form. Even if it is agreed that the property of the husband and wife shall be owned separately, the obligation to support each other must be fulfilled.