家庭关系
夫妻在家庭中地位平等。
夫妻双方都有各用自己姓名的权利。
夫妻双方都有参加生产、工作、学习和社会活动的自由,一方不得对他方加以限制或干涉。
夫妻双方都有实行计划生育的义务。
夫妻在婚姻关系存续期间所得的下列财产,归夫妻共同所有:
(一)工资、奖金;
(二)生产、经营的收益;
(三)知识产权的收益;
(四)继承或赠与所得的财产,但本法第十八条第三项规定的除外;
(五)其他应当归共同所有的财产。
夫妻对共同所有的财产,有平等的处理权。
有下列情形之一的,为夫妻一方的财产:
(一)一方的婚前财产;
(二)一方因身体受到伤害获得的医疗费、残疾人生活补助费等费用;
(三)遗嘱或赠与合同中确定只归夫或妻一方的财产;
(四)一方专用的生活用品;
(五)其他应当归一方的财产。
夫妻可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或约定不明确的,适用本法第十七条、第十八条的规定。
夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定,对双方具有约束力。
夫妻对婚姻关系存续期间所得的财产约定归各自所有的,夫或妻一方对外所负的债务,第三人知道该约定的,以夫或妻一方所有的财产清偿。
夫妻有互相扶养的义务。
一方不履行扶养义务时,需要扶养的一方,有要求对方付给扶养费的权利。
父母对子女有抚养教育的义务;子女对父母有赡养扶助的义务。
父母不履行抚养义务时,未成年的或不能独立生活的子女,有要求父母付给抚养费的权利。
子女不履行赡养义务时,无劳动能力的或生活困难的父母,有要求子女付给赡养费的权利。
禁止溺婴、弃婴和其他残害婴儿的行为。
子女可以随父姓,可以随母姓。
父母有保护和教育未成年子女的权利和义务。在未成年子女对国家、集体或他人造成损害时,父母有承担民事责任的义务。
夫妻有相互继承遗产的权利。
父母和子女有相互继承遗产的权利。
非婚生子女享有与婚生子女同等的权利,任何人不得加以危害和歧视。
不直接抚养非婚生子女的生父或生母,应当负担子女的生活费和教育费,直至子女能独立生活为止。
国家保护合法的收养关系。养父母和养子女间的权利和义务,适用本法对父母子女关系的有关规定。
养子女和生父母间的权利和义务,因收养关系的成立而消除。
继父母与继子女间,不得虐待或歧视。
继父或继母和受其抚养教育的继子女间的权利和义务,适用本法对父母子女关系的有关规定。
有负担能力的祖父母、外祖父母,对于父母已经死亡或父母无力抚养的未成年的孙子女、外孙子女,有抚养的义务。有负担能力的孙子女、外孙子女,对于子女已经死亡或子女无力赡养的祖父母、外祖父母,有赡养的义务。
有负担能力的兄、姐,对于父母已经死亡或父母无力抚养的未成年的弟、妹,有扶养的义务。由兄、姐扶养长大的有负担能力的弟、妹,对于缺乏劳动能力又缺乏生活来源的兄、姐,有扶养的义务。
子女应当尊重父母的婚姻权利,不得干涉父母再婚以及婚后的生活。子女对父母的赡养义务,不因父母的婚姻关系变化而终止。 |
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FAMILIAL
RELATIONS
Both husband
and wife shall
be equal in
familial status.
Both husband
and wife are
entitled to have
his or her own
name.
Both husband
and wife have
the liberty to
participate in
production,
work, study and
social
activities.
Either party may
not confine or
interfere with
the activities
of the other
party.
Both husband
and wife shall
be under the
obligation of
following the
policy of birth
control.
The following
properties
incurred during
the existence of
marriage shall
be jointly owned
by both husband
and wife:
a. wages and
bonuses;
b. any income
incurred from
production or
management;
c. any income
incurred from
intellectual
property;
d. any
property
inherited or
bestowed, with
the exception of
those as
mentioned in
Article 18 (c)
of this law;
e. other
property that
shall be jointly
owned.
Both husband
and wife shall
have equal
rights in the
disposal of
jointly owned
property.
The following
property shall
be owned by
either the
husband or the
wife:
a. the
pre-marital
property that is
owned by one
party;
b. the payment
for medical
treatment or
living subsidies
for the disabled
arising from
bodily injury on
either party;
c. the
articles of
living specially
used by either
party;
d. other
property that
shall be used by
either party.
Husband and
wife may come to
an agreement
whether the
property
incurred during
the existence of
marriage or
prior to
marriage to be
owned by each
party, to be
jointly owned or
partially owned
by each party
and partially
owned by both
parties. The
agreement shall
be made in
written form.
Where there is
no such
agreement or it
is not
explicitly
agreed upon, the
provisions of
articles 17 and
18 shall apply.
The agreement
concerning the
property
obtained during
the existence of
marriage and
pre-marital
property shall
be binding upon
either party.
Where husband
and wife agree
to individually
own their
property, the
debt of either
the husband or
the wife shall
be cleared off
by the
individual
property of the
debtor if the
creditor has the
knowledge of the
said agreement.
Husband and
wife shall be
under the
obligation of
supporting each
other.
Where either
party fails to
perform the
obligation of
supporting the
other party, the
party that needs
support shall be
entitled to ask
the other party
to pay aliments.
Parents shall
be under the
obligation of
upbringing and
educating their
children, and
the children
shall also be
under the
obligation of
supporting their
parents.
Where the
parents fail to
perform their
obligations, the
underage
children and the
children without
the ability to
live an
independent life
shall be
entitled to ask
their parents to
pay aliments.
Where any
child fails to
perform his or
her obligations,
the parents
thereof who are
unable to work
or who are
living a
difficult life
shall be
entitled to ask
their child to
pay aliments.
It shall be
forbidden to
drown or desert
infants or
commit any kind
of infanticide.
A child may
take the surname
of either the
father or
mother.
Parents shall
have the rights
and obligations
of protecting
and educating
their children.
Where the
underage child
causes any
damage to the
state,
collective or
other person,
the parents
thereof shall
take civil
liabilities.
Both husband
and wife shall
be entitled to
inherit the
property of each
other.
Both parent
and child shall
be entitled to
inherit the
property of each
other.
A natural
child shall have
the equal rights
of a legitimate
child, and shall
not be harmed or
discriminated
against by any
person.
The natural
father or mother
that does not
directly upbring
his or her
natural child
shall undertake
the expenses for
the living and
education of the
natural child
until the child
is able to live
an independent
life.
The state
defends lawful
adoptions. The
relevant
provisions in
this law
concerning the
relationship
between parents
and children
shall be
applicable to
foster parents
and foster
children.
The rights and
obligations
between the
foster children
and natural
parents are
eliminated by
the
establishment of
the adoption.
The step
parent and the
step child shall
not maltreat or
discriminate
against one
another.
The relevant
provisions in
this law
concerning the
relationship
between parents
and children
shall be
applicable to
step parents and
step children.
Capable
grandparents and
maternal
grandparents
shall be under
the obligation
of upbringing
the
grandchildren
and maternal
grandchildren
whose parents
have deceased or
are incapable of
upbringing their
underage
children.
Capable
grandchildren
and maternal
grandchildren
shall be under
the obligation
of supporting
the grandparents
and maternal
grandparents
whose children
have deceased or
whose children
are incapable of
supporting them.
Capable elder
brothers and
sisters shall be
under the
obligation of
supporting their
younger brothers
and sisters
whose parents
have deceased or
whose parents
are incapable of
supporting them.
The younger
brothers and
sisters who have
been brought up
by the elder
brothers and
sisters shall be
under the
obligation of
supporting their
elder brothers
and sisters who
are without
labor
capabilities and
without sources
of living
aliments.
Children shall
respect the
matrimonial
rights of their
parents and
shall not
interfere with
the digamy and
post-digamous
life of their
parents. The
obligation of
the children to
support their
parents does not
terminate as a
result of the
change of
matrimonial
relationship of
their parents. |