Chapter VI
SUPPORT
Article 50.- The supporting obligation
1. The supporting obligation is effected between fathers, mothers and children, among siblings, between grandparents and grandchildren, between husband and wife according to the provisions of this Law.
The supporting obligation must be neither substituted by another obligation nor transferred to other persons.
2. Where a person with the supporting obligation shirks the performance of such obligation, he/she shall be forced to perform his/her supporting obligation prescribed in this Law.
Article 51.- One person supports several persons
Where a person supports several persons, the supporting person and the supported persons shall agree mutually upon the mode and extent of support appropriate to the actual income and capability of the supporting person and the essential needs of the supported persons; if they fail to reach an agreement thereon, they may request the Court to settle it.
Article 52.- Several persons jointly support one or several persons
Where several persons share the same obligation to support one or several persons, they shall agree mutually upon the mode and level of support appropriate to the actual income and capability of each supporting person and the essential needs of the supported person(s); if they fail to reach an agreement thereon, they may request the Court to settle it.
Article 53.- Support level
1. The support level shall be agreed upon by the person(s) with the supporting obligation and the person(s) enjoying the support or the latter’s guardian on the basis of the actual income and capability of the person(s) with the supporting obligation and the essential needs of the person(s) enjoying the support; if they fail to reach an agreement thereon, they may request the Court to settle it.
2. Where there exist plausible reasons, the support level may change. The change of the support level shall be agreed upon by the concerned parties; if they fail to reach an agreement thereon, they may request the Court to settle it.
Article 54.- Mode of performing the supporting obligation
The support may be provided monthly, quarterly, biannually, annually or in lump sum.
The concerned parties may agree upon a change in the supporting mode or a pause of the support in cases where the person(s) with the supporting obligation falls into a strained economic circumstance, thus being unable to perform his/her supporting obligation; if they fail to reach an agreement thereon, they may request the Court to settle it.
Article 55.- People entitled to request the performance of the supporting obligation
1. People enjoying the support or their guardians have the right, as prescribed by the civil procedure legislation, to request the Court by themselves or propose the Procuracy to request the Court to force the people who fail to voluntarily perform their supporting obligation to perform such obligation.
2. The Procuracy have the right, as prescribed by the civil procedure legislation, to request the Court to force the people who fail to voluntarily perform their supporting obligation to perform such obligation.
3. The following agencies and organizations have the right, as prescribed by the civil procedures legislation, to request the Court by themselves or to propose the Procuracy to request the Court to force the people who fail to voluntarily perform their supporting obligation to perform such obligation:
a/ The child protection and care committees;
b/ The women�s unions.
4. Other individuals, agencies and organizations have the right to propose the Procuracy to consider and request the Court to force the people who fail to voluntarily perform their supporting obligation to perform such obligation
Article 56.- Fathers’ , mothers’ obligations to support their children when they are divorced
When divorced, the fathers of mothers who do not directly raise their minor children or adult children who are disabled, have lost their civil act capacity or have no working capacity and no property to support themselves, have the obligation to support the children.
The level of support for children shall be agreed upon by the fathers and mothers, if they fail to reach an agreement thereon, they may request the Court to settle it.
Article 57.- Children’s obligation to support their parents
Adult children who no longer live with their parents are obliged to support their parents who have no working capacity and no property to support themselves.
Article 58.- Obligation of mutual support among siblings
1. In cases where their parents are no longer alive or have no working capacity and no property to support their children, adult elder brothers and/or sisters who no longer live with their younger brothers and/or sisters are obliged to support their minor brothers or sisters who have no property to support themselves or adult younger brothers and/or sisters who have no working capacity and no property to support themselves.
2. Adult younger sisters and/or brothers who no longer live with their elder sisters and/or brothers are obliged to support their elder sisters and/or brothers who have no working capacity and no property to support themselves.
Article 59.- The supporting obligation between grandparents and grandchildren
1. Grandparents who do not live with their grandchildren are obliged to support their grandchildren if the latter are minor or grown up but have no working capacity, no property to support themselves and have no one to support as prescribed in Article 58 of this Law.
2. Grandchildren who do not live with their grandparents are obliged to support their grandparents if the latter have no working capacity, no property to support themselves and have no one else to support as prescribed by this Law.
Article 60.- The supporting obligation between husband and wife when divorced
When divorced, if the party facing with economic difficulties requests support with plausible reasons, the other party is obliged to support according to his/her capability.
Article 61.- Termination of the supporting obligation
The supporting obligation terminates in the following circumstances:
1. The supported people have attained their adulthood and have the working capacity;
2. The supported people have incomes or property to support themselves;
3. The supported people are adopted;
4. The supporting people directly rear the supported people;
5. The supporting people or supported people die;
6. The supported people have remarried other people after divorce;
7. Other cases prescribed by law.
Article 62.- Encouragement of organizations and individuals’ financial support
The State and society encourage organizations and individuals to provide support in cash or other property to families and individuals in extremely difficult and needy circumstances.
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