THE FOOD OBLIGATION BETWEEN PARENTS AND CHILDREN

Abstract

The maintenance obligation refers to the legal duty of a person to provide the means necessary for the subsistence of another, generally for reasons of kinship or marriage. This concept is widely applied in family law and can include food, clothing, housing, health, education and leisure. There is much debate about the agents responsible for food. In this sense, the purpose of this study was to discuss the institution of alimony obligations, pointing out how alimony obligations are not restricted to just one family group. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2019 to 2024. In the results, with the standardization of art. 1,696 of the current Civil Code, it is clear that the maintenance obligation must be established taking into account the financial capacity of the parents and the needs of the children. The principle of the binomial necessity-possibility is fundamental to determining the value of food. Likewise, the maintenance obligation is reciprocal, that is, adult children may have the duty to support their parents in case of need, especially when the parents are elderly or unable to provide for themselves.