Facts
In this case, the cantonal courts have ordered the defendant to pay a monthly contribution of 250 francs for the maintenance of the child, providing for an indexation clause of this amount based on the variation of the Swiss consumer price index. The defendant contested the validity of this indexation clause, arguing that the case law of the Federal Tribunal had declared it illegal.Considerations
The Federal Tribunal considers that the indexation of maintenance contributions for legitimate or natural children (Art. 156 para. 2 and 319 CC) is in principle admissible, contrary to its previous case law concerning the indexation of maintenance contributions for divorced ex-spouses. Indeed, Arts. 157 and 320 CC allow not only the reduction, but also the increase of maintenance contributions for children in the event of a change in circumstances, and the legal relationship underlying this obligation subsists throughout the duration of the contribution.
The Federal Tribunal considers that indexation avoids the complications and costs associated with repeated requests for modification of contributions when the cost of living increases significantly. Moreover, the Swiss consumer price index generally constitutes a good indicator of both the child's needs and the debtor's means, the latter most often benefiting from an adaptation of their income to inflation.
Subject to…