entertain the parents their children must know that. The fact that children and their parents pay in certain cases, must penetrate gradually into the individual and social consciousness. Once there, it immediately calls the slogan "unfunded cost of care" in which discomfort and triggers disgust with the children. But really it is but right that the chat now adult children have their parents, after all, the parents have done so with devotion.
is, what if the parents do not just have everything you need and more devoted, so that their children fared well? Children can refuse to pay maintenance for the parents because they have violated its maintenance obligations. In principle, yes, parents have their own maintenance duties to a grossly neglected children, so children need only contribute to the maintenance in the amount to be done, which is equitable. The obligation falls away completely if the use of children would be grossly unfair to § 1611 BGB.
In einem aktuellen Fall, den der für das Familienrecht zuständige XII. Zivilsenat des Bundesgerichtshofs entschieden hat, kam es zum Streit zwischen dem Sozialamt, das den Unterhalt für die pflegebedürftige Mutter geltend machte, und dem Sohn. Die Mutter, die sich seit April 2005 in einem Pflegeheim befindet, litt schon während der Kindheit des Beklagten an einer Psychose mit schizophrener Symptomatik und damit einhergehend an Antriebsschwäche und Wahnideen. Sie hat ihren Sohn nur bis zur Trennung und Scheidung von ihrem damaligen Ehemann im Jahr 1973 - mit Unterbrechungen wegen zum Teil längerer stationärer Krankenhausaufenthalte - versorgt. Seit spätestens 1977 there is virtually no contact between the son and his mother.
The son claimed that he had treated his mother as a child never good. It would be an undue hardship if it had to pay to the welfare agency by virtue of a transfer for the maintenance of the mother.
saw the family Senate different: A mental disorder which has led to the dependent parent of the former family to support his child over could not be just, not as culpable misconduct within the meaning of § 1611 Civil Code with the consequence of a loss claim can be considered.
required by law because of family solidarity as fated to justify qualifying the mother's illness and its impact on the defendant is not imposing, the maintenance burden to the state. Is different, however, when a discernible relation exists for a action of the state, or about then when the mental illness of a dependent parent and the consequent inability to care for his child, based on its use in the Second World War. Social concerns, which preclude a transition of the maintenance claim to the Authority may also from the social welfare law Bid arise to take the interests and family relationships into account. The exclusion of the claim passes to the welfare agency is thus limited to exceptional cases.
BGH, Judgement of 15 September 2010 - XII ZR 148/09
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