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Swiss Civil Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 329

B. Scope and en­force­ment of the claim for as­sist­ance1

 

1The claim for as­sist­ance is dir­ec­ted against those with a duty to provide it in or­der of their in­her­it­ance en­ti­tle­ments; the amount is de­pend­ent on the de­gree of as­sist­ance re­quired to main­tain the in­di­gent claimant and on the cir­cum­stances of the per­son ob­liged to provide it.

1bisNo claim for sup­port may be made if the hard­ship arises from a re­stric­tion in the abil­ity to pur­sue gain­ful em­ploy­ment ow­ing to the care of one’s own chil­dren.2

2Where in the light of spe­cial cir­cum­stances the court deems it in­equit­able to re­quire a per­son to ful­fil his duty of as­sist­ance, the court may re­strict such duty or re­voke it en­tirely.3

3The pro­vi­sions gov­ern­ing child main­ten­ance en­ti­tle­ment and the trans­fer of such en­ti­tle­ment to the state au­thor­ity are ap­plic­able mutatis mutandis.4


1 Amended by No I 2 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
2 In­ser­ted by No I of the FA of 20 March 2015 (Child Main­ten­ance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
3 Amended by No I 2 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
4 Amended by No I 2 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).