|
Art. 329
B. Scope and enforcement of the claim for assistance 1 The 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. 1bis No 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.465 2 Where 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.466 3 The provisions governing child maintenance entitlement and the transfer of such entitlement to the state authority are applicable mutatis mutandis.467 465 Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014529). 466Amended by No I 2 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). 467Amended by No I 2 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). |