Facts
This decision of the Swiss Federal Tribunal concerns a dispute regarding the modification of the maintenance contribution for a child born out of wedlock. The parties involved are the father (the appellant) and the child, represented by the mother.
At first instance, the father filed a request to modify the maintenance contribution, directing it exclusively against the mother. The court of first instance dismissed the father's request. This judgment was confirmed on appeal by the Court of Justice of the Canton of Geneva, which however modified the designation of the parties by indicating that the defendant is the child, represented by the mother.
The father then appealed against this judgment to the Federal Tribunal.
Considerations
The Federal Tribunal begins by recalling that the capacity to sue and the capacity to be sued are part of the substantive conditions of the disputed claim. They must be examined ex officio and freely by the judge.
According to Article 318 paragraph 1 of the Swiss Civil Code, the holder of parental authority may protect the financial rights of the minor child in his own name and assert them in court by acting personally as a party. This case law also applies to…