Facts
This decision concerns an appeal filed by a father against a judgment of the cantonal court that had ordered him to pay maintenance contributions to his son for the year preceding the son's majority.
The Federal Tribunal found that since April 1995, the son's maintenance had been covered by social services, who paid him between 1,400 and 1,700 francs per month. Pursuant to Art. 289 para. 2 CC, the claim for maintenance contributions then passes to the public authority with all the associated rights. The son therefore no longer has standing to act against his father for this period, as the social services' benefits fully covered his maintenance.
Furthermore, from September 1994 to April 1995, the son had also received voluntary contributions from third parties (F. and J.). According to the Federal Tribunal, these third parties have, to the extent of their contributions, released the father from his maintenance obligation, without however being subrogated to the son's rights. The son therefore also lacks standing to act against his father for this period.
Considerations
The Federal Tribunal considers that the cantonal court violated federal law by ordering the father to pay maintenance contributions for the year preceding the son's majority. The son's action is therefore rejected.
The decision is primarily based on Arts. 276…