Facts
The dispute opposes a major child, the plaintiff, to their parent, the defendant, regarding the child's maintenance. The plaintiff filed a maintenance claim against their parent before the court of first instance, which awarded a monthly amount of 1'600 francs. The defendant appealed this decision before the cantonal court, which confirmed the first instance decision. The plaintiff then filed an appeal before the Federal Court, requesting an increase in the monthly amount to 1'900 francs.
The parties involved are the plaintiff, the major child, and the defendant, the parent. The courts involved are the court of first instance, the cantonal court, and the Federal Court. The main issue in dispute is whether the plaintiff can make new claims before the Federal Court in the appeal proceedings, although these claims were not made before the cantonal court.
Considerations
The Federal Court examined the question of whether Article 280 paragraph 2 of the Swiss Civil Code (CC) allows the plaintiff to make new claims before the Federal Court in the appeal proceedings. The Federal Court considered that Article 280 paragraph 2 CC does not mean that the plaintiff can make new claims before the Federal Court, as these claims were not made before the cantonal court.
The Federal Court also examined the question of whether the official maxim, which applies in appeal proceedings regarding child maintenance, allows the plaintiff to make new claims before the Federal Court. The Federal Court considered that the official…