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ZGBCC
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CH
Art. 289 Codice civile svizzero (CC)
CC; Parte seconda: Della parentela; Titolo ottavo: Degli effetti della filiazione ; Capo secondo: Del mantenimento da parte dei genitori ; F. Adempimento; I. Creditore
Art. 289 CC
Salvo diversa disposizione del giudice, i contributi di mantenimento spettano al figlio e, per la durata della minore età, sono versati al suo rappresentante legale oppure al detentore della custodia.
Tuttavia, la pretesa si trasmette con tutti i diritti all’ente pubblico che provveda al mantenimento.
Decisioni giudiziarie che applicano questa disposizione (272)
FO.2015.18 · sg (Art. 289 Abs. 2 ZGB)
Supporting Parent Modification Action Against Child Lacks Necessary Defendant (Public Authority) Standing
This provision establishes the legal cession (Subrogation) of maintenance claims to the public authority when the authority advances the payments, which is the central legal issue leading to the dismissal based on lack of passive legitimacy for past due payments.
FO.2015.18 · sg (Art. 289 Abs. 2 ZGB)
Child Support Reduction Action Against Child Lacking Necessary Party (Public Authority)
Cited implicitly as the provision establishing the legal transfer of maintenance claims to the public authority, which is the root cause for the procedural requirement concerning passive legitimation.
KES 2015 560 · be (Art. 289 al. 2 CC)
Child Protection Authority Cost Imposition Overturned Due to Improper Procedure
The court ruled that the cantonal provision was inapplicable because Art. 289 para. 2 CC exhaustively regulates the issue of subrogation, implying the claim must be enforced via civil proceedings, not an administrative decision.
ZK 2012 12 · be (Art. 289 Abs. 2 ZGB)
Municipality's Subrogated Right to Wage Assignment for Child Support Arrears
Cited as the basis for the municipality's subrogation right, which underpins its ability to request the assignment.
BGE 138 III 145 (Art. 289 Abs. 2 ZGB)
Subrogation under Art. 289 Abs. 2 ZGB transfers to the advancing public entity the child support creditor's right to privileged attachment joinder under Art. 111 SchKG.
Ground for the verdict: legal subrogation transfers the maintenance claim with all rights, including the privileged joinder right.
ZK 2009 441 · be (Art. 289 Abs. 2 ZGB)
Cessionary of Child Support Claim Granted Definitive Relief Despite Undecided Validity of Cession
Cited to describe the origin of the claim (subrogated maintenance claim) for which definitive legal dispensation was granted.
VB.2007.00379 · zh (Art. 289 Abs. II ZGB)
Social Assistance Eligibility for Adult Child in Education Versus Parental Support Obligation
The court ordered the competent authority to demand contributions from the parents for the duration of the initial education, based on this article.
ATS.1995.2606 · ne (Art. 289 al. 2 CC)
Child Support Claim Transfer to Social Authority
Cited to establish the legal principle of claim cession to the public authority when it assumes the child's maintenance, which is the basis for annulling the lower court decision.
ZZ.1985.1 · so (Art. 289 ZGB)
Statute of Limitations for Child Support Installments and Accrual of Default Interest
Mentioned in the reasoning concerning the proper recipient of maintenance payments, though the ruling is procedural/cost-related in the dispositive context.
ZZ.1981.1 · so (Art. 289 Abs. 1 ZGB)
Parental Authority to Claim Past-Due Child Support After Child Attains Majority
The court based its decision on this article regarding the right of the former holder of parental authority to claim maintenance contributions due before the child reached majority, even after the child is an adult.
PKG 1997 1 · gr (Art. 328/329 in Verbindung mit Art. 279 Abs. 1 und Art. 289 Abs. 2 ZGB)
Supervisory Authority Review of Foundation Investment Policy Risk
Cited in the main heading concerning the transition of the claim for support to the supporting municipality and the temporal limitation of retrocession.
VB.2007.00379 · zh (Art. 289 Abs. II ZGB)
Social Assistance Denial to Adult Child in Initial Education Residing with Supporting Parents
The court ruled that the social welfare authority must claim contributions from the parents for the duration of the initial education based on this article.
P/17013/2025 · ge (Art. 289 al. 2 CC)
Appeal Regarding Coercion Allegation in Alimony Enforcement by State
This provision was cited in the reasoning to justify why the State became the creditor, thus negating the basis for the alleged coercion under Art. 181 CP.
ZVE.2025.23 · ag (Art. 289 Abs. 1 ZGB)
Child Support Agreement Affirmed Despite Retroactive Payment Dispute
Cited to explain that child support is generally paid to the legal representative.
ZVE.2025.23 · ag (Art. 289 Abs. 2 ZGB)
Child Support Agreement Affirmed Despite Retroactive Payment Dispute
Cited in relation to the subrogation of child support claims to the public authority when it advances payments.