Facts
The son Z., born on April 12, 1962, completed an apprenticeship as an automotive service technician after his parents' divorce in 1980, which he completed in 1982. On January 22, 1985, his mother filed a maintenance claim against his father H. U. on behalf of and with the power of attorney of Z. at the District Court of Hinwil. Z. demanded that the father pay an appropriate maintenance contribution for the duration of his school education, the subsequent apprenticeship, as well as for the time since the start of private lessons until the beginning of school.
The District Court of Hinwil largely upheld the claim. The father then filed an appeal with the High Court of the Canton of Zurich, which was granted and the claim was dismissed. Thereupon, the son Z. filed an appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the claim for maintenance under Art. 277 para. 2 of the Swiss Civil Code is aimed at the realization of a professional education. This is not to be understood narrowly and includes not only the actual vocational training, but also the professional life plan. However, a claim for maintenance beyond the age of majority is only given if the training plan was already laid out at least in its basic features before the age of majority.
In the present case, the plaintiff had first completed a vocational preparation year after the end of his schooling in order to be able to make a better career choice. He has duly completed the training as an automotive service technician that he chose at the time. Under these circumstances, the plaintiff is not entitled to…