Facts
In divorce proceedings, the parent to whom parental authority is granted may assert in their own name and on behalf of the minor child the child support contribution owed to the child. When the child reaches the age of majority during the proceedings, this faculty of the parent (Prozessstandschaft) continues for contributions subsequent to the attainment of majority, provided that the now adult child consents to it.Considerations
According to Art. 133(1) of the Swiss CC, the divorce court must in particular determine the child support contribution owed by the parent who does not have parental authority. The second sentence of this article specifies that this contribution may be set for a period extending beyond the attainment of majority.
The case law has always accepted that the holder of parental authority may exercise the rights of the minor child in their own name, including the faculty to claim the child support contributions owed to the child (Prozessstandschaft or Prozessführungsbefugnis). With the amendment of the CC in 1994, the legislator extended this faculty of the parent beyond the child's majority, in order to avoid that the lowering of the age of majority would jeopardize the education of young people.
Thus, when the minor child…