Print Time:2021/05/08 13:45
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Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅳ Family
CHAPTER V Maintenance
Article 1114
The following relatives are under a mutual obligation to maintain one another:
(1) Lineal relatives by blood;
(2) One of the husband and the wife and the parents of the other party living in the same household;
(3) Brothers and sisters;
(4) The head and the members of a house.
Article 1115
In case there are several persons bound to furnish maintenance, the order in which they are to perform such obligation is as follows:
(1) Younger lineal relatives by blood;
(2) Elder lineal relatives by blood;
(3) Head of the house;
(4) Brothers and sisters;
(5) Members of the house;
(6) Daughter-in-law and son-in-law;
(7) Parents of either the husband or the wife.
Among the elder lineal relatives by blood or younger lineal relatives by blood, the person nearest in degree of relationship will be the first.
If there are several persons bound to furnish maintenance and of the same degree of relationship, such obligation shall be borne by them according to their respective economic ability.
Article 1116
In case there are several persons entitled to maintenance, and the economic ability of the person bound to furnish maintenance is not sufficient to maintain all of them, the person to receive maintenance shall be determined in the following order:
(1) Elder lineal relatives by blood;
(2) Younger lineal relatives by blood;
(3) Members of the house;
(4) Brothers and sisters;
(5) Head of the house;
(6) Parents of either the husband or the wife;
(7) Daughter-in-law and son-in-law.
Among elder lineal relatives by blood or younger lineal relatives by blood, the person nearest in degree of relationship will be the first.
Where there are several persons entitled to maintenance and of the same degree of relationship, each shall receive maintenance according to their respective needs.
Article 1116-1
The husband and the wife are under a mutual obligation to maintain each other, the order in which they are to perform such obligation is the same with the younger lineal relatives by blood, and the order in which they are entitled to receive maintenance is the same with the elder lineal relatives by blood.
Article 1116-2
The obligation of the parents to maintain their minor child shall not be affected by the annulment of the marriage or the divorce.
Article 1117
Persons entitled to maintenance shall be limited to those who can not support the living and are unable to earn the living.
The limitation in respect of inability to earn a living in the preceding paragraph shall not apply to the case of the elder lineal relatives by blood.
Article 1118
If a person who can no longer support his own living if he assumes the obligation of furnishing maintenance to another, he may be exempted from such an obligation, but his obligation could only be relieved if the person entitled to receive maintenance is the elder lineal relatives by blood or the spouse.
Article 1118-1
If it would be grossly inequitable for a person liable for maintenance, he may ask the Court to mitigate such an obligation when the person who is entitled to maintenance has one of the following acts:
(1) If the person entitled to maintenance has intentionally maltreated, insulted or committed severe misconduct, physically and spiritually, against the person liable for maintenance, his/her spouse, or a close relative of the person liable for maintenance.
(2) Without justifiable reason, the person entitled to maintenance did not fulfill his/her obligation to the person liable for maintenance.
The provisions of subsection (1) and (2) do not apply to the person entitled to maintenance who is lineal descendants by blood of the person liable for maintenance.
Article 1119
The extent of furnishing maintenance shall be determined according to the needs of the person entitled to maintenance, and the economic ability and social status of the person bound to furnish it.
Article 1120
The manner of furnishing maintenance shall be determined by mutual agreement between the parties, or if they can not come to agreement, by the family council. Except if the parties do not mutually agree upon the amount of the maintenance payment, the court shall determine the amount.
Article 1121
Either party may demand an alteration in the extent and the manner of furnishing maintenance on the ground of change of circumstances.
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