Wen | Yingke Lou Yinping
Edit | Yingke Lou Yinping
"We raise you so much, you must listen to us, your brother must be raised by you!"
The little king who just graduated from college was told by his parents that he needed to raise his brother who was 19 years old!
What made him even more unexpected was that after he expressed his unable to raise his brother with his parents many times, his parents even told him to court!
In today’s society, for most college students who just graduated, it is very good to take care of their own lives without asking for money at home.
Why does Xiao Wang’s parents insist that they want to give up, the same is the child’s little king, raising his younger brother?
Xiao Wang’s family is more ordinary, and he is the only child in the family.Therefore, he has worked very hard since he was a child and wanted to change his poverty through reading.
Fortunately, the results of Xiao Wang’s college entrance examination were very good, and they were successfully admitted by his favorite university.
In this way, Xiao Wang embarked on the journey of studying in a different place, because the school is far away. In order to save the return fee, he will go home after a holiday at the end of each semester.
It may be the reason why communication with parents gradually becomes fewer after going to college.When his freshman was home, his 49 -year -old parents actually proposed to him the idea they wanted a second child.
"Son, I have considered your dad for a long time, and decided to have a second child to add a younger brother or sister to you."
Xiao Wang felt very incredible when he heard it. He couldn’t understand his parents, and why he suddenly had the idea of having a second child at such a age.
The first thing he thought of was that his parents were dissatisfied with himself: "Is it because I have not been at home for a long time after I go to college? I also save tolls!"
Facing his questioning, his parents just said he thought about it, and they just wanted to have someone to accompany them.
Xiao Wang did not agree with their thoughts. He believed that his parents had just risen for a while, so he told his parents the harm of an elderly mother:
"Mom, you are all 49 years old. They belong to the elderly mother. Pregnancy has a great impact on your body, and the risk of death and abortion will increase."
"Are you cursing me! Do you learn this at college?"
Who knew that the mother heard Xiao Wang directly fry the pan, and kept saying that his wings were hard, and he did not listen to his parents’ words and other words.
Seeing Xiao Wang still unwilling to compromise, his parents shouted directly to him:
"We just inform you that this second child is determined, anyway, you don’t need to raise it!"
Looking at his parents at the same time, Xiao Wang was sad for a while, and turned back to his room to clean up his luggage. He came to his parents for a long time after taking his luggage for a long time:
"You can do it if you love! Even if you give birth, I don’t recognize him!"
Xiao Wang returned to school immediately. He wanted to rely on his firm attitude to make his parents carefully consider the case of the second child.
It was just that when he did not expect that when he went home again on vacation, his mother was pregnant!
Parents said that they have the energy to raise this child and let the little king think much.
However, the rational little king does not think so. He has no job at present, and it takes a huge cost to raise your child to grow up. It will not be long supported by the current situation at home.
Later Xiao Wang and his parents kept arguing with each other because of the second child.
Xiao Wang believes that his parents are too selfish and have never considered his future.His parents were lonely and did not listen to Xiao Wang’s opinions at all.
Soon Xiao Wang’s mother arrived at the delivery period. Because she was an elderly mother, she needed to go to the hospital for a check -up. Fortunately, there was no accident. His mother gave birth to a boy smoothly.
Xiao Wang, who was still in school at the time, learned that the news felt helpless.
Soon Xiao Wang finished his studies and graduated smoothly.During these three years, he rarely returned home, and he would not stay for a long time even when he went home. He didn’t have much feelings for the sudden brother who came.
The little king who has just entered the society and found a job related to his professionalism. Like most of the college students who just graduated, because there is no work experience, the salary is not very high. After deducting the living expenses every month,There is not much left.
But Xiao Wang was not discouraged, because he believed that as long as he worked hard enough, and then performed well in the company, he would be able to promote salary and increase.
However, when he thought of his future plan, his parents suddenly contacted him, saying that there was important things to discuss with him in person.
When he returned home, he felt a headache when he watched his 3 -year -old brother, and what he didn’t expect was that the more headache was still behind.
"Son, you see that you are working now, or sitting in the office, the salary must be very high?"
After arriving home, his parents did not boo too much, but showed a strong interest in his salary.
"I just graduated, and my salary is not very high. I can barely take care of myself." Xiao Wang said lightly.
Later, the mother said the purpose of asking him home: "You see you have grown up now, and there is still a job, and you will raise your brother in the future."
Xiao Wang stood up and stood up. He didn’t understand why his parents thought that he had just graduated and was only 22 years old. Where did the ability to raise a 3 -year -old brother?
"I can’t raise him! At that time, I didn’t agree with you two for the second child."
Xiao Wang Yan decisively rejected his parents’ proposal. He now gets up early to work every day, and sometimes even work overtime until the middle of the night. He has no time, no energy, and no financial conditions.Essence
Do you want a 22 -year -old guy to work with his brother every day?
What’s more, in recent years, because of the second child, his relationship with his parents has almost broken, and he has no good impression on this brother.
For a period of time, Xiao Wang and his parents quarreled many times because of the ravage problem of his younger brother, and they could not convince each other.In the end, the helpless little king was unwilling to answer his parents’ calls directly, and just wanted to concentrate on his own work.
But what made Xiao Wang can’t think of, his parents saw that he did not want to raise his brother, and he even brought his biological son to court!
When Xiao Wang received a lawsuit from the court, he was so strange for the first time when he felt his parents.For his younger son, he brought himself to court, who was also his son, and was not considered at all.
At the trial scene, Xiao Wang and his parents were so noisy that no one could persuade each other.
Xiao Wang’s parents believe that the two of them have no source of income and are unable to bear the support for the younger son. As the elder brother, they should bear the support obligation of their brother and ask Xiao Wang to fulfill the corresponding legal responsibility.
Xiao Wang shouted directly, "I am his brother, not his dad! Who born who gave birth, this is the truth that children know!"
He believes that his brother’s legal guardian is both parents. The guardian’s obligation to support the support is the obligation stipulated by the law. It is illegal to the parental refusal to undertake the obligations of support.
Parents sued themselves, and in the opinion of Xiao Wang, it was purely a wicked man.
After comparing the evidence submitted by the two parties, the trial site made the final verdict: the defendant’s little king should bear the obligation of his brother’s support in accordance with the law.
He felt very puzzled by the judge’s judgment.
I believe that many people will also be very confused when they see the court’s decision. Obviously it is the little king’s parents to consider themselves. When their own conditions are not allowed, they have added a younger brother to Xiao Wang.Wang has the obligation to support?
In our country, all trial results in courts need to rely on the legal terms of the country.
Let’s take a look at the basis of the trial from a legal perspective.
"Civil Code" Article 26, 27
According to the legal clauses in the figure above, it can be seen that Xiao Wang’s parents have the obligation to raise their adults, education and protection, and Xiao Wang’s parents are the actual guardians of his brother.
This is why Xiao Wang refused to bear his brother before and in court.
"Civil Code" Article 1075
However, the reason why Xiao Wang’s parents can win the lawsuit is because my country’s "Civil Code" also stipulates that when the parents are unable to raise their children, the elder brother who has the ability to have the ability is Xiao Wang. Essence
The only controversial point in this case is whether Xiao Wang’s parents have the ability to support the younger son, and whether Xiao Wang has "burden".
The reason why the court sentenced the little king to defeated the lawsuit was comprehensive consideration.
If the little king in this case is very helpless, then his younger brother is even more innocent. The birth of his brother is not his own will. As a minor, he has the right to get the deserved support and care.
In order to ensure young young sons, the judges who can grow up healthy and smoothly grow up, and the judge of this case must consider it carefully, who should bear the corresponding support obligations.
Therefore, after comparing the income level of the two sides, the judge believes that Xiao Wang’s parents have retired. They usually only rely on the meager retirement day to maintain their daily life, and they are unable to raise their younger son at all.
And Xiao Wang, who has just joined the job, is not high in salary, but his situation is much better than his parents. In addition to deducting his living expenses monthly, he can save a sum of money.Therefore, Xiao Wang is a situation of "burden ability".
So in the end, the judge decided that Xiao Wang needs to bear the obligation of his brother.
From the current events in the society, it can be seen that it is not just that the second child is really a matter of two parents. Especially when the boss is older at home, the second child will often have a significant impact on both parties.Essence
Just like the little king in this case, his parents’ insistence on the second child directly affected his relationship with his parents for many years, and he could even talk about the point where he turned revenge.
And the defeated little king himself is just a just graduated child. Perhaps his daily work has consumed his great energy, and then pressed the heavy responsibility of raising his brother to him. This is extremelyIrresponsible.
In this era, the term "generation gap" is frequently used to describe the different outlook on life and values between children and parents.And Xiao Wang’s brother is 19 years old, and he almost caught up with the age gap between him and his parents.
The words "I am his brother, not his father" that Xiao Wang said in court may really happen to a certain extent. After all, now he has to bear the obligation to raise his brother.
Faced with such a younger brother, Xiao Wang must not really take care of him like the usual mode of getting along with his common brother and brother.
Therefore, if the conditions are allowed in all aspects, the behavior of being a second child is a good thing. It is a good thing to add a new member at home. I believe that you can add a lot of happiness to the whole family.
However, if the life at home is "one place" and the boss is still insisting on opposition, the parents must consider it carefully at this time, what impact the arrival of the second child will have on the family.
As an adult, we must be responsible for their actions.Think twice and then do everything, which will definitely reduce the occurrence of accidents.
In our country, each child should enjoy the right to be raised, educated and protected in accordance with the law. This is the basic guarantee provided by the law for thousands of children.
The younger brother of the young Wang young in this case, how to grow up smoothly, is a point that the judge in this case focuses on it, because the birth of the child is a established fact and cannot be changed.
Therefore, after comparing the economic situation of Xiao Wang and his parents, the judge decided that Xiao Wang should bear the custody of his brother.
In our country, the existence of the law protects the basic rights of each citizen, and everyone has equal enjoyment in the face of the law and personal and personality.Everyone’s marriage, family and children are protected by national laws!
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