(2) Parental rights
1, the concept of parental rights
Parental right refers to the right of parents to manage and protect the personal and property of minor children based on their status.
2. The content of parental authority
(1) Children's individual rights
A. the right to be protected.
Parents have the right and obligation to protect the physical and mental health and life safety of minor children.
B. the right to education.
Parents have the right to educate their minor children in physical and mental health, ideology and morality, and prevent them from accepting bad inducement and getting into bad habits.
C. legal agency and consent.
Parents are legal representatives of minors without capacity to act and express their will on behalf of their children. Minor children with limited capacity for civil conduct can only engage in civil activities that are inconsistent with their age and intellectual factors with the consent of their legal representatives.
(2) Children's property rights
A. management rights.
In order to safeguard the rights and interests of minor children, parents have the right to preserve and manage their property. If parents fail to perform their duties and cause property losses to their minor children, they shall compensate them for their losses.
B. the right of disposal.
For the benefit and needs of children. Parents can dispose of the property of minor children according to law.
C. usufructuary right.
Parents can control the property of minor children to earn income without damaging property or property rights.
If one parent dies or is deprived of parental rights due to child abuse or abandonment, parental rights are generally exercised by the other parent.
(3) Spouse rights
1, the concept of spouse rights
(1) Spouse refers to both parties who establish a husband-wife relationship according to legal procedures.
(2) Spouse right refers to the status right between husband and wife as spouses during the marriage relationship.
2. The content of spouse rights
(1) Name right. Both husband and wife have the right to use their own names.
(2) the right to personal freedom. Freedom of production, work, study and social activities
(3) the right to help. During the relationship between husband and wife, both husband and wife should help and support each other.
(4) the right of loyalty.
(5) the right to divorce. Both husband and wife have the right to demand the dissolution of marriage.
(4) Rights of relatives
1, the concept of parental rights
(1) Kinship is a social relationship between people due to marriage, consanguinity and adoption.
(2) Parental rights refer to the identity rights between parents and adult children, grandparents and grandchildren, grandparents and grandchildren, brothers and sisters.
2. The content of right of relatives
(1) Rights of parents and adult children
Parents who are unable to work or have difficulties in life have the right to ask their children to pay alimony when their adult children fail to perform their alimony obligations. Parents and children have the right to inherit from each other.
(2) the rights between grandparents and grandchildren, grandparents and grandchildren.
Grandparents who are financially capable have the obligation to support their minor grandchildren whose parents died. Grandchildren and grandchildren who have the ability to afford have the obligation to support the grandparents whose children died; They have the right of inheritance to each other, and their grandchildren have the right of subrogation to their grandparents' property in the event of their parents' death; Grandparents and grandparents of minors whose parents are dead or have no guardianship can act as guardians and enjoy guardianship.
(3) Rights between brothers and sisters
Brothers and sisters who are financially capable have the obligation to support minor brothers and sisters whose parents are dead or whose parents are unable to support them; Mutual inheritance right; They have the right to apply for a declaration of ability, a declaration of disappearance and a declaration of death, as well as the right to take care of property after the disappearance of one party.
3, the legal consequences of infringement of the rights of relatives.
legal ground
Provisions on the right to identity in Article 1 12 of the Civil Code
Article 112 The personal rights of natural persons arising from marriage and family relations shall be protected by law.
According to the provisions of the Civil Code, if a guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear the responsibility; If property losses are caused to the ward, compensation shall be made for the losses. The people's court may, upon the application of the relevant person or unit, revoke the qualification of guardian. Those who maltreat or abandon family members or refuse to perform their obligations of support, support and support shall bear corresponding legal responsibilities, and the victim has the right to demand that the infringement be stopped, the obligations be performed and the losses be compensated.
The above article gives a detailed answer to the question of what is the right to identity in Article 1 12 of the Civil Code. According to the above, we can know that the right of identity includes parental rights, spouse rights and parental rights, and the right of identity will only appear under some special circumstances. Everyone's right to identity is protected by law. We need to fulfill our obligations while enjoying our rights, and we need to bear legal responsibility for violating our right to identity.