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《婚姻法》认为抚养义务与赡养义务是独立的,所以即使父母没有履行抚养义务,子女也必须履行赡养义务,造成了很多“不合情理”的判例。在法理上应理清抚养义务和赡养义务关系,将抚养义务的履行完毕作为赡养义务建立的前提。《婚姻法》规定,夫妻双方具有相同的法定继承一方父母遗产的权利,应将其修改为:父母遗产自然的应该由子女继承;若子女一方的配偶履行了赡养义务的,应视其付出分得部分遗产。若生父母离异,经协商或法律判决生父母一方不须抚养子女的,如抚养子女的一方再婚,可履行子女和继父母的收养关系。
The Marriage Law considers that the obligation to support and the obligation to support are independent. Therefore, even if parents fail to fulfill their obligation of support, their children must fulfill their obligation to provide for maintenance, resulting in many “unreasonable” precedents. In legal jurisprudence, it is necessary to clarify the relationship between the obligation of maintenance and the obligation of maintenance and the fulfillment of the obligation of support as a prerequisite for the establishment of the obligation of maintenance. The Marriage Law stipulates that both husband and wife have the same right of statutory inheritance of one parent’s inheritance, which should be amended as follows: the inheritance of parents should be inherited by the children naturally; if the spouse of one child fulfills the obligation of maintenance, Some heritage If the biological parents divorced, after consultation or legal verdict, one of the parents is not required to raise children, if one of the children is remarried, the adoptive relationship between the children and step-parents can be fulfilled.