我国的民间法对于特殊家庭成员的财产权利与赡养义务的一些传统,对处理这类案件有着很好的效果。从养老爱幼、保护赡养义务人权利的角度出发,有必要尊重善良的民间法,通过确立习惯法适用规则、法律对民间契约的明文认可、法律对民间法的吸收三个步骤,实现法律对社会需要的回应,实现法律的进化,将尊老爱幼的的优良传统发扬光大。 Some traditions of the civil law of our country for the property right and the obligation to support the special family members have a very good effect on the handling of such cases. It is necessary to respect the good law of the people from the perspective of the care of the elderly and the protection of the rights of the obligor. By establishing the applicable rules of the common law, the express recognition of the civil contract by the law and the absorption of the civil law by the law, The social needs of the response, the evolution of the law, will carry forward the fine tradition of elders and young carry forward.