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💼 | Ministry of Health, Labor and Welfare presents a form example arbitrarily by gender description in resume


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The Ministry of Health, Labor and Welfare presents a form example, arbitrarily describing the gender of the resume

 
If you write the contents roughly
In addition to the proviso that "it is possible to leave it blank", the columns for the number of dependents excluding spouse and spouse, dependent obligations of spouse, and commuting time have been deleted as they are not information that must be confirmed before hiring. ..
 

The Ministry of Health, Labor and Welfare has compiled and released an example of a resume format that changes the gender from a gender selection formula to an arbitrary description. LGBT and other sex ... → Continue reading

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Support

Support(Public assistance) is the life of a person (helper) who cannot make a living independently due to difficulty in his / her own labor and insufficient assets due to reasons such as old age, physical and mental disabilities, illness, poverty, and unemployment. To help others[1][2]..Those who have the right to receive dependents in a dependent relationship (Civil Code Article 878)Dependents, Those who are obliged to support (Civil Code Article 878)Dependents, Who are actually dependents with some helpDependents"(Health insurance lawArticle 1,Long-term care insurance methodIt is called Article 7, Paragraph 8, Item 6).Legal areas related to dependentsDependent methodThat.

Dependents in general

History of dependent system

Private support

Under the patriarchal system, the patriarch exclusively controlled the family products that are the economic basis of the family, and the relatives took up the labor of the family business, and at the same time, the livelihood security of the relatives was the responsibility of the patriarch. As the kinship group became more differentiated and people began to earn income outside the home, individual life security began to be based on independence security centered on marital and parent-child relationships.[3][4]..And other relatives' dependents have come to be disciplined mainly based on customary and moral norms.[3]..However, in a society with close kinship, the obligation to support is fulfilled as a natural debt even if it is not a legal obligation, but it is fixed when it becomes diluted and the fulfillment of the obligation to support cannot be expected. It is said that legal support will have to be required for relatives in the range[5]..In addition, it is said that the dependents in the Dependent Law do not set the standard as an ideal, but only the minimum of the obligation to support.[6].

Public assistance

In modern capitalist society, companies have played a certain role in maintaining the lives of employees and their families from the perspective of labor reproduction, and family support system, health insurance system, workers' accident compensation system, social insurance. Dependent systems (social support) such as systems have come to be established.[7].

In addition, since the increase in the number of people in need of living causes social unrest, national support systems such as the livelihood protection system have been established.[7]..Originally, public assistance was aimed at helping the poor.[8],in Japan1874(Meiji 7) In DecemberRescue rules,1932In (7)Relief method,1937In (Showa 12),1945Was enacted in (20).And after the warArticle 25 of the Constitution of Japan"All citizens have the right to live a healthy and culturally minimal life" (paragraph 1) and "The State has improved social welfare, social security and public health in all aspects of life. We must strive for promotion. ”(Section 2)Welfare ActWas enacted.Article 25 of this Japanese ConstitutionRight to lifeIt was epoch-making because it clearly stated about.Depending on the way of thinking about national support, it seems that the state should ultimately integrate all resources and distribute them to the people, but the Constitution of Japan guarantees a private property system ()Article 29 of the Constitution of Japan),Article 27 of the Constitution of JapanParagraph 1 stipulates the right to work, and the acquisition of individual labor and property has an aspect of pursuing happiness (Article 13 of the Constitution of Japan), Etc., the basic principles are individual free asset formation and self-reliance.[5].

Principle of prioritizing relatives

For dependentsPrivate support(Civil lawDependent by)Public assistanceThere are two types of (social and national support), but the principle of law is that public assistance is started only when private support is difficult (principle of priority for relatives and priority for private support). Principle, replenishment of public assistance).Child Welfare ActArticle 56,Elderly Welfare ActArticle 28,Welfare Act for the DisabledArticle 38 is based on this ideaNational treasuryIt stipulates the burden from dependents when the expenses are paid by the dependents.

However, in private support between those who do not actually have a cooperative relationship, it may be difficult to effectively achieve the original purpose of the support.[9]..Therefore, in recent years, there is a movement to review this principle in administrative practice, and the weight of public assistance is increasing.[10].

In modern timesLabor Standards Act,Sailor LawThere is a social support system that is borne by the company based on such things, andHealth insurance law,National Pension ActVarious social insurance systems have been established by the government, and relatives and national dependents are virtually exempted from liability to that extent.[7].

Dependents under domestic private law (civil law)

Less than,Civil lawFor, only the number of articles is described.

The essence of relative support

The spirit of assistance between relatives existed before the legal system such as the Civil Code was established, and the essence of relative support is said to be "a form of symbiotic obligation in the relative living style".[11]..It is said that the grounds for imposing dependent obligations on a certain range of relatives come from the national sentiment that if some of the relatives in a certain range are in need of living, they should help each other.[12].

Legal nature of Article 730 of the Civil Code

Japanese Civil Code730 articleAtLineal relativesAnd living togetherrelativesMust be in harmony with each other. ".

Regarding the legal nature of this article, the legal obligation theory that recognizes legal obligations (Eiichi MakinoThe ethical code theory (such as), which states that it is not a legal obligation but an ethical code.Sakae WagatsumaEtc.), and the Guidance Philosophy theory, which states that it defines the Guidance Philosophy, is in conflict, but the majority theory does not recognize the legal obligations under this Article and is considered to be limited to ethical provisions or provisions that stipulate Guidance Philosophy.[13][14].

Regarding this article, there has been controversy since its enactment regarding making such content a legal provision.[14]..After the war, Eiichi Makino, who insisted on the establishment of this article, should clearly express the ethics between parents and children and relatives as provisions under the Civil Code.Family mediation,Domestic affairs refereeIt is said that there was an intention to be effective through and carefully eliminate the old "house" composition.[15]..On the other hand, Sakae Wagatsuma and his colleagues legally set the scope of a close family consisting of expanded parents and children and close relatives by hindering the democratization of relative groups by connecting this article to the preservation of the old family system. I thought that it was a useless rule even if I saw it as a catch[16]..However, there are skeptical views that Makino may have attempted to preserve the old family system, and he preaches a legal idea that is critical of the patriarchal and powerful family system. There is also a theory that the allegation is an attempt to secure an ethical relationship between relatives living together after the abolition of the family system from the legal aspect.[17].

As for the legislative theory regarding this article, the objectives and contents considered to be achieved by this provision should be achieved through judgments in each case based on the ethics and customs that govern kinship, and are legal. There is no point in making it a rule, but rather the formal and uniform nature of the law hinders flexible solutions by ethics and customs that govern kinship, and reduces the independence of marital and parent-child relationships. There is an argument that it should be deleted because it may hurt[18][19]..In addition, since there are specific provisions under Article 877 of the Civil Code regarding dependents, this article is not included.877 articleThere is a view that it is like building a rooftop despite the fact that there is[20]In the first place, there is a view that it is unclear what kind of enforcement can be done if the court orders "combine" based on this article.[21]..July 34 "Legal councilArticle 730 of the Civil Code should be deleted even in the first of "Temporary Decisions and Reservation Matters of the Civil Code Subcommittee Status Law Subcommittee".[21].

On the other hand, since around 1970, there is a movement in some academic circles to re-evaluate Article 730 of the Civil Code.[22]..The view that gives a positive meaning to this article is that this provision has the meaning of amending the individual-oriented idea in the field of property law in the field of kinship law.[23]Or, with the growing importance of dependents of the elderly, the provisions of dependents in the Civil Code basically presuppose economic dependents, but Article 730 of the Civil Code stipulates the dependents of relatives living together, so it is considered to have a certain significance. and so on[20].

Regarding the debate over Article 730 of the Civil Code, it has been pointed out that the conventional theory may have regarded this article solely as a "house" provision.[24]Regarding the legislation and interpretation of the law, it is necessary to fully clarify and examine what kind of function this article has actually performed and what kind of function it is expected to perform in the future.[24].

Life maintenance obligation and life assistance obligation

Establishing the obligation to support relatives among the provisions of the Civil Code877 articleThere is no description of the spouse (couple) in, and the obligation to support the couple is separate from this752 articleIt is stipulated in.According to conventional wisdom and practice, the Civil Code clearly distinguishes marital support obligations, including immature child support obligations, from relative dependent obligations and various social security systems, and marital support obligations and immaturity. It is understood that it means that each child-supporting obligation is indispensable for the existence and maintenance of a marital relationship or a parent-child relationship.Obligation to maintain life, Different general kinship support obligationsLife assistance obligationConcept[25].Life assistance obligationSpecifically, it is an accidental and temporary obligation for relatives who usually have different units of life to help each other in the event of a poor life, and is composed as an obligation to support relatives.[26][27][28].

Regarding the idea of ​​separating the obligation to maintain a living and the obligation to assist a living in this way, the emphasis on the obligation to maintain a living hides the deficiencies of the public assistance system and hinders the development of the social security system. There is criticism that it is not a qualitative difference but a quantitative difference.[29]..Therefore, there is a theory that the difference between the two should be regarded as an ideal type, and that there should be a continuous range between the two.[30].

It is said that the distinction between life maintenance obligations and life assistance obligations has already taken root in practice.[31].

Nature of Dependent Claims

Dependent claims are prohibited from being disposed of as a personal right, and transfer, pledge, or abandonment is not permitted (881 article).Creditor subrogation right(423 article) Cannot be exercised or set off as a working claim.Creditors cannot seize the right to claim dependents (Civil Enforcement Law, Article 152, Paragraph 1, Item 1), and the right to claim dependents of bankrupts isBankruptcy FoundationDoes not belong to (Bankruptcy Law, Article 34, Paragraph 3, Item 2).Dependent claims are not subject to inheritance (896 articleHowever).In addition, since it is an absolute fixed-term claim, it does not expire.[32].

In addition, if there is an act of harm to the life or body of the dependent by a third party and the dependent is unable to receive support due to this, it is possible to claim damages for the amount equivalent to the dependent.[33].

Marital support obligations

Regarding the obligation to support the couple (the obligation to live together with the couple and the obligation to cooperate with the couple), please refer to "relativesHen (Volume 2) Chapter XNUMX Marriage "752 article"The couple must live together and cooperate with each other to assist."

Of the marital support obligations stipulated in Article 752, "There is an obligation to ensure that the couple and their "children" can maintain their lives.The obligation to support people who need to maintain a life that exceeds the minimum cultural life maintenance is "Obligation to maintain lifeCall[34][35].

It is understood that the "duty to live together" included in the obligation to support a married couple is exempted if there is an unavoidable reason such as being admitted to a hospital, but it violates the obligation to live together without a reasonable reason. If you continue toArticle 770 paragraph 1It can cause divorce as "bad faith abandonment".

Obligation to support between parent and child

Obligation to support immature children

Immature childRefers to all children who are not yet financially independent.All children who have already reached the age of majority but who are not yet financially independent are considered immature.

752 articleThe obligation of marital support stipulated in730 article-760 article-877 articleIn any case, whether a child of a relative is born, an adopted child of a legal relative is adopted, a child who is a fraction of the relative is adopted, or a stepchild is accepted. It naturally creates an obligation to raise the child until he or she grows up to be an economically independent full-fledged member of society.Obligation to support this immature childImmature childDependent duty[34][35]That.

Legal basis

未成熟子扶養義務の具体的な法的根拠については、(1)877条説、(2)親子関係の本質から生じるもので法文上の根拠を必要としないとの説、(3)父母が婚姻中の未成熟子については760条、父母が婚姻関係にない未成熟子については877条によるべきとする説、(4)820条説-親権説、(5)766条説-監護権説など多岐にわたる見解が存在する[36].

From the literal point of view of the Civil Code, the "Basis for Dependent Obligation for Immature Parents" stipulates the obligation to support between lineal relatives, siblings and relatives within the third degree of kinship.877 articleThe view that "lineal relatives and siblings are obliged to support each other" is "the current myth and judicial precedent."[37][38][39]..However, due to the progress of nuclear families and the development of nursing care systems, the circumstances of dependents within the family have changed significantly from those at the time of the enforcement of the Civil Code after the war. It's changing to focus on non-previous children. "[40].

Obligation to support in case of divorce
The obligation to support immature children is maintained by each spouse separately from custody even if the couple divorces according to the provisions of Article 877.[41]
Obligation to support stepchildren
Regarding the obligation to support stepchildren, although it does not fall under Article 877's "lineal relatives",760 article"The couple will share the expenses arising from the marriage in consideration of their assets, income and all other circumstances."[41].

Obligation to support parents of mature children

It is an obligation to help people in their daily lives.Treatment fee, long-term care fee, hospital fee,Special homePayments such as charges are also included.

Obligation to support general relatives

Civil law877 articleParagraph 1 stipulates that "lineal relatives and siblings are obliged to support each other." Paragraph 2 of the same Article states that "if there are special circumstances, the family court shall, in addition to the cases prescribed in the preceding paragraph. , It is possible to impose a duty of support even among relatives within the third degree of kinship. "

Dependents

Dependents

In order to receive support between relatives, the person must be a person who has difficulty in living with his / her own financial resources and labor (dependents) (in this respect, as long as he / she has the ability to support, he / she is always obliged to support the couple. (Different from the obligation to support)[42].

Dependents

If there is a person who is in need of support, the lineal relatives (parents, grandparents, children, grandchildren, etc.) and siblings of that person are obliged to support as dependents (absolute dependents) (877 articleItem 1).Also,Family courtUnder special circumstances, relatives within the third degree of kinship are also obliged to support as dependents (relative dependents) (877 articleItem 2).The dependent obligations of these persons are reciprocal[43].

However, in order for these dependents to actually fulfill their dependent obligations, it is still possible to support the dependents to the extent that the dependents do not maintain their own lives and make them impossible. It is said that you must have sufficient financial resources (supporting ability)[44][42]..Even if you fulfill your obligation to support between relatives, if you are still in a dependent state, you will be eligible for social security such as livelihood protection.

In addition, like the current Japanese Civil Code, within the third degreerelativesIt is rare that siblings are ranked in the same rank as their lineal relatives in their dependent obligations.[45]..Even in the Meiji Civil Code, the scope of dependents between relatives is within the third degree of kinship.Blood(Old Article 954 of the Civil Code).

It is said that the special circumstances in which relatives within the third degree of kinship are also dependents should not be admitted as having "special circumstances" unless there are special circumstances (Osaka Family Court, 50.12.12). "Special circumstances" are assumed to be cases where the dependent has been dependent on the dependent for a long period of time in the past, or where the dependent has acquired the house where the dependent lived by independent inheritance. ..

Occurrence / change / disappearance of dependents

Occurrence of dependent obligations

There is no clear statement in the Civil Code regarding the timing of dependents. (1) The theory that the dependents need to be dependent and the dependents can be supported at the same time, and the dependents request it, (2) Dependents need to be dependent and dependents. There is a theory that it naturally occurs when the obligee's supportable state occurs at the same time, and (3) a theory that it is when the consultation / judgment of dependents is established.[46].

For each theory (1), the existence and whereabouts of the dependents are unknown, so even if a third party provides support, the obligation to support cannot be affirmed.Office managementIt is inconvenient because it is not possible to recognize the requirement of "other person's affairs" and it is not possible to exercise the right to claim reimbursement of expenses against the original dependents. There is a risk that dependents will accumulate and a large amount of claims will be made collectively by the dependent right holder without the person being aware of the occurrence of the dependent obligation. There is a drawback that it will not exist and there is a conflict of views[42].

Change of dependent obligation

Regarding the content of dependent obligations, the number of dependents will increase or decrease absolutely as the dependent status increases or decreases (the dependent obligations will increase or decrease as a whole in relation to all dependents), and the dependents will be in a supportable state. It increases or decreases relative to the increase or decrease (when the dependent obligation increases or decreases in relation to one dependent, the dependent or public dependent of other dependents increases or decreases reflexively).[47].

Extinction of dependent obligations

Dependent obligations are absolutely extinguished with the disappearance of the dependent state of the dependents (disappeared in relation to all dependents), and relatively extinguished with the extinction of the dependents' supportable state. (Dependent relationships disappear in relation to one dependent, and the dependents or public dependents of other dependents are reflexively increased or newly generated accordingly)[47].

Dependent order / degree / method

The Meiji Civil Code stipulated in detail the order, degree, and method of support (former Article 955 and below of the Civil Code).However, in the current Civil Code, in order to avoid rigid determination of the order and method of support, it is first entrusted to discussions between the parties (dependent contracts), and when the parties do not agree or cannot discuss. Is to be decided by the family court in consideration of the demands of dependents, the financial resources of dependents, and all other circumstances (878 article-879 article-880 article)

Regarding the ranking of dependents In general, lineal relatives take precedence over siblings, and among lineal relatives, the order of relatives gives priority to siblings, and among siblings, the same parents take precedence. In terms of relationships, the method of adoption is prioritized, and when there is a difference in financial resources, the larger one is prioritized (however, this is just a guide and individual circumstances are taken into consideration).[48].

Regarding the method of support when there are multiple dependents, it is separated from the solidarity theory (each dependent is obliged to bear the entire amount within the range of financial resources, and reimbursement should be allowed among the dependents for fairness). Conflicts in theory (each dependent should apportion and share the required amount according to financial resources)[49].

About the degree of supportArticle 25 of the Constitution of Japan"Healthy and cultural minimum life" is the theoretical standard, and it does not guarantee the same level of life as dependents.[50].

Dependents include take-back dependents and benefit dependents, and benefit dependents include monetary and in-kind benefits.Of these, take-back support is taken when it is difficult to live independently other than financially, and while it generally has the advantage of requiring less financial burden, it is dependent when the dependent does not want it. There is also a disadvantage that the effectiveness of the is not guaranteed and it will be a harsh situation for dependents.[44].

Positioning of immature child support obligations

already#Immature child support obligationAs mentioned in the section, there are many views that the obligation to support immature children is included in the obligation to support between relatives from the viewpoint of the meaning of the text.[37][38][39]..And this obligation to support immature children,Article 25 of the Constitution of JapanOf course, the "right to live a healthy and cultural minimum life" of the dependents guaranteed byArticle 26 of the Constitution of Japan"The right to receive equal education according to the ability as stipulated by law" (paragraph 1 of the same Article) of the dependents guaranteed by the law, and "the law stipulates" of the dependents corresponding to these. Therefore, it is established by the following judicial precedents that it is based on and includes "the obligation to have the child to be protected receive ordinary education" (paragraph 2 of the same Article).

  • "Whether or not it is necessary to support a child who has entered a four-year university and has reached adulthood, such as tuition fees from parents, should be judged after considering various circumstances regarding the continuation of schooling of the child. It is not reasonable to immediately determine that the child is not dependent on the fact that he or she has reached adulthood and is healthy. "2000(12)May 12 Tokyo High Court decision.Case Law Times Rinsho No. 1096, p. 94.Family Court Monthly Report Vol. 53, No. 5, p. 187. "Appeal case against a referee dismissing a dependent petition --- cancellation, remand")[34].
  • "The appellant argues that it is unreasonable for a child to enter college and pay a dependent to the parent when the parent has no property, but whether or not the child can enter college is a child's admission. In order to determine the talent and welfare as the center, and in that case, whether or not the parent should pay the educational expenses of the child should be decided depending on the parent's ability to support. It should not be decided whether or not a child can go on to school depending on the ability of his or her dependents. "1960(35) September 9 Tokyo High Court decision.Family Court Monthly Report Vol. 15, No. 13, p. 9. "Immediate appeal against the referee in the dependent claim case")[34].

There is also a theory that the tuition fees for higher education for premature children are beyond the scope of the obligation to maintain a living and should be regarded as a gift of livelihood capital rather than living assistance.[51].

Dependents under private international law

Law concerning the governing law of dependent obligationsby.This law was developed as a domestic law.

Public assistance system

WelfareWhen applying for, the existence or nonexistence of the above-mentioned obligation to support under the Civil Code becomes a problem, and in principle, public assistance will be started only when it is determined that there is no dependent.

Welfare Act

When there is an application for livelihood protection,Welfare officeIs supposed to inquire of the applicant's dependents whether or not they are dependent.When making inquiriesrelativesWhile responding that they are disgusted with the application of livelihood protection to, there are some who do not actually support it, which can be a problem.

Article 77 of the Public Assistance Act states that when there is a person who must fulfill the obligation of support to the protected person under the provisions of the Civil Code, the head of the prefecture or municipality that paid the protection fee within the scope of the obligation. Stipulates that all or part of the cost can be collected from the person, and if the consultation is not completed or cannot be held, the family court can decide the amount to be borne. Not used in practice.

Comparative law

Germany

The German Civil Code recognizes the obligation to support relatives only among lineal relatives (Article 1601 of the German Civil Code).[3]).

イタリア

The Italian Civil Code allows for dependents between relatives only to first-degree relatives (Article 1 of the Italian Civil Code).

footnote

[How to use footnotes]
  1. ^ Takao Nakagawa, "Lecture on Relatives and Inheritance", Minerva Shobo, June 1995, p. 6
  2. ^ Fujio Obo and Atsushi Nakagawa, "New Edition Commentary Civil Code <25> Relatives 5" Yuhikaku <Yuhikaku Commental>, April 1994, p. 4
  3. ^ a b Sakae Wagatsuma, "Relatives Law," Yuhikaku Publishing Co., Ltd. <Complete Works of Law 23>, January 1961, p. 1
  4. ^ Hisao Izumi, "Family Law," Yuhikaku Publishing, Yuhikaku Publishing, May 1997, p. 5
  5. ^ a b Fujio Obo and Atsushi Nakagawa, "New Edition Commentary Civil Code <25> Relatives 5" Yuhikaku <Yuhikaku Commental>, April 1994, p. 4
  6. ^ Fujio Obo and Atsushi Nakagawa, "New Edition Commentary Civil Code <25> Relatives 5" Yuhikaku <Yuhikaku Commental>, April 1994, pp. 4-724
  7. ^ a b c Fujio Obo and Atsushi Nakagawa, "New Edition Commentary Civil Code <25> Relatives 5" Yuhikaku <Yuhikaku Commental>, April 1994, p. 4
  8. ^ Hisao Izumi, "Family Law," Yuhikaku Publishing, Yuhikaku Publishing, May 1997, p. 5
  9. ^ Hisao Izumi, "Family Law," Yuhikaku Publishing, Yuhikaku Publishing, May 1997, p. 5
  10. ^ Economic Planning Agency, "8 White Paper on National Life," Chapter 5, Section 3
  11. ^ Zennosuke Nakagawa ed., "Notes on Family Law (below)" Shinshokan <Notes on the People's Law, No. 2>, 1952, pp. 237-238
  12. ^ Nobuyoshi Toshitani, "Modern Family Law," Law Culture Company <NJ Series>, July 1999, p. 7
  13. ^ Ken Kawai, "Introduction to Civil Code 5 Relatives and Inheritance," Yuhikaku Publishing, April 2007, p. 4
  14. ^ a b Sakae Wagatsuma, "Relatives Law," Yuhikaku Publishing Co., Ltd. <Complete Works of Law 23>, January 1961, pp. 1-399
  15. ^ Edited by Tomohei Taniguchi, "New Edition Commentary Civil Code <21> Relatives" Yuhikaku <Yuhikaku Commental>, December 1989, p. 12
  16. ^ Sakae Wagatsuma, "Relatives Law," Yuhikaku Publishing Co., Ltd. <Complete Works of Law 23>, January 1961, pp. 1-399
  17. ^ Edited by Tomohei Taniguchi, "New Edition Commentary Civil Code <21> Relatives" Yuhikaku <Yuhikaku Commental>, December 1989, p. 12
  18. ^ Sakae Wagatsuma, "Relatives Law," Yuhikaku Publishing Co., Ltd. <Complete Works of Law 23>, January 1961, p. 1
  19. ^ Fujio Obo and Atsushi Nakagawa, "New Edition Commentary Civil Code <25> Relatives 5" Yuhikaku <Yuhikaku Commental>, April 1994, pp. 4-476
  20. ^ a b Toru Arichi, "Introduction to Family Law," Law Culture, April 2005, p. 4
  21. ^ a b Hiroshi Endo, Shigeyoshi Harashima, Toshio Hironaka, Ken Kawai, Shinichi Yamamoto, Hiroshi Mizumoto, "Civil Code <8> Relatives 4th Edition, Supplementary and Revised Edition", Yuhikaku Publishing, May 2004, p. 5
  22. ^ Edited by Tomohei Taniguchi, "New Edition Commentary Civil Code <21> Relatives" Yuhikaku <Yuhikaku Commental>, December 1989, p. 12
  23. ^ Ryohei Hayashi and Masasuke Omori, "Relatives Law / Inheritance Law" Seirin Shoin <Notes: Judgment Civil Code>, July 1992, p. 7
  24. ^ a b Edited by Tomohei Taniguchi, "New Edition Commentary Civil Code <21> Relatives" Yuhikaku <Yuhikaku Commental>, December 1989, p. 12
  25. ^ Hisao Izumi, "Family Law" Yuhikaku <Yuhikaku Law Series>, May 1997, pp. 5-300
  26. ^ -Shintaro KatoEdited "Issue System Judgment Civil Code 9 Relatives" March 21, 3 First Edition, p. 30
  27. ^ Yokohama City consultation procedure, will writing, divorce problem solving( [1] ) (2) Life assistance obligation
    It is an accidental or temporary obligation for relatives who usually have different units of life to help each other in the event of a difficult life.In this case, dependents are an exceptional phenomenon, so dependents are below the cultural minimum standard of living, and obligees can not only maintain the minimum standard of living, including their spouse and children, but also society. It is said that it occurs when you can maintain a life suitable for your position and still have some spare capacity.
    ① Obligation to parents of children
    ② Parents' obligations to adult children
    ③ Obligations between brothers and sisters, between grandparents and grandchildren, etc.
  28. ^ Ken Kawai, "Introduction to Civil Code 5 Relatives and Inheritance," Yuhikaku Publishing, April 2007, p. 4
  29. ^ Hisao Izumi, "Family Law," Yuhikaku Publishing, Yuhikaku Publishing, May 1997, p. 5
  30. ^ Nobuyoshi Toshitani, "Modern Family Law," Law Culture Company <NJ Series>, July 1999, pp. 7-106.Rokuya Suzuki "What is the difference between" duty to maintain life "and" duty to help life "?" Tooru Ikuyo = Rokuya Suzuki = Toshio Hironaka "Basic knowledge of civil law Questions and answers" (Yuhikaku, 107) Page 1964
  31. ^ Ken Kawai, "Introduction to Civil Code 5 Relatives and Inheritance," Yuhikaku Publishing, April 2007, p. 4
  32. ^ Fujio Obo and Atsushi Nakagawa, "New Edition Commentary Civil Code <25> Relatives 5" Yuhikaku <Yuhikaku Commental>, April 1994, pp. 4-477
  33. ^ Hisao Izumi, "Family Law," Yuhikaku Publishing, Yuhikaku Publishing, May 1997, p. 5
  34. ^ a b c d Basics of Dependent Obligations-Degree of Dependents of Immature Children, Especially at the end
  35. ^ a b Yokohama City consultation procedure, will writing, divorce problem solving( [2] ) (1) Obligation to maintain life
    It is the duty of those who should live together as a family.For example, in the case of a parent's obligation to support an immature child, the dependent (immature child) has a lower standard of living than the dependent (parent), and the obligor maintains a culturally minimum standard of living. It is said that it will occur naturally if there is spare capacity.
    ① Parents are obliged to support their immature children
    ② Obligation for couples to support each other
    * Immature child means a child who is not financially independent.Therefore, it may be a mature child even before adulthood, and it may be recognized as an immature child even if it has reached the age of majority.In addition, if the father is aware of the obligation to support a child born to a man and woman who are not married and their father, the obligation to support will occur.As for the mother's obligation to support, the fact of delivery is sufficient.
  36. ^ Fujio Obo and Atsushi Nakagawa, "New Edition Commentary Civil Code <25> Relatives 5" Yuhikaku <Yuhikaku Commental>, April 1994, p. 4
  37. ^ a b Matsuo FukayaWritten by "Modern Family Law", 4th edition, p. 170
  38. ^ a b Michio NishiharaWritten by "Seriously and Obligation to Support Parents" Family Court Monthly Report Vol. 8, No. 11, p. 25
  39. ^ a b -Shintaro KatoEdited "Issue System Judgment Civil Code 9 Relatives" March 21, 3 First Edition, p. 30
  40. ^ Supervised by Masayuki Takanashi, "Colloquial Six Codes Complete Book, Colloquial Civil Code" (Jiyu Kokuminsha), Revised 3rd Edition, p. 440
  41. ^ a b Fujio Obo and Atsushi Nakagawa, "New Edition Commentary Civil Code <25> Relatives 5" Yuhikaku <Yuhikaku Commental>, April 1994, p. 4
  42. ^ a b c Sakae Wagatsuma, Toru Ariizumi, Hiroshi Endo, Ken Kawai, "Civil Code 3 Relatives Law / Inheritance Law 2nd Edition" Keiso Shobo, July 1999, p. 7
  43. ^ Nobuyoshi Toshitani, "Modern Family Law," Law Culture Company <NJ Series>, July 1999, p. 7
  44. ^ a b Rokuya Suzuki, "Lecture on Relatives Law," Soubunsha, April 1988, p. 4
  45. ^ Hisao Izumi, "Family Law" Yuhikaku <Yuhikaku Law Series>, May 1997, pp. 5, 295-308
  46. ^ Hisao Izumi, "Family Law," Yuhikaku Publishing, Yuhikaku Publishing, May 1997, p. 5
  47. ^ a b Hisao Izumi, "Family Law," Yuhikaku Publishing, Yuhikaku Publishing, May 1997, p. 5
  48. ^ Rokuya Suzuki, "Lecture on Relatives Law," Soubunsha, April 1988, pp. 4-241
  49. ^ Nobuyoshi Toshitani, Contemporary Family Law, Law Culture Company <NJ Series>, July 1999, pp. 7-112
  50. ^ Hisao Izumi, "Family Law," Yuhikaku Publishing, Yuhikaku Publishing, May 1997, p. 5
  51. ^ Fujio Obo and Atsushi Nakagawa, "New Edition Commentary Civil Code <25> Relatives 5" Yuhikaku <Yuhikaku Commental>, April 1994, p. 4

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