Decision on the Type of Procedure in a Relative Support Claim by an Adult Child

Facts

[A.X.] and [B.X.] (Appellants) are the parents of [C.] (born 1990) and the grandparents of their daughter [D.] . [C.] is supported by the Social Welfare Office [Y.] (Respondent). The Respondent demanded relative support contributions from the Appellants for the support of [C.] and her daughter [D.] . The Appellants requested the dismissal of the claim. The Cantonal Court of St. Gallen decided that the dispute should be adjudicated in the simplified procedure. The Appellants appealed against this decision to the Federal Supreme Court.

Considerations

The Federal Supreme Court has decided that the ordinary procedure pursuant to Art. 219 et seq. CPC should be applied for the relative support claim of an adult person. Art. 329(3) CC does not contain a reference to the simplified procedure under Art. 295 et seq. CPC, which is provided for matters concerning…