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Maintenance Obligation

Publication at Faculty of Law |
2023

Abstract

The adjustment of the maintenance obligation is understood as a mandatory obligation - except for the exceptions provided by law (cf. § 919), as it does not only affect the individual interests of the beneficiary, but its fulfillment also follows a more general interest, which goes beyond the limits of only the material security of the individual. Ensuring the nutrition of (minor) children in particular is at the same time a common interest of the entire society, or of the state.

In addition, the list of individual types of maintenance obligations is understood as exhaustive, and therefore cannot be expanded beyond the scope of the law by analogy. However, contractually (ie voluntarily) it is not excluded, e.g. provision of maintenance between siblings can be agreed (cf. pension according to § 2701).

At the same time, the maintenance obligation should not, in principle, lead to its fulfillment satisfying the needs of someone other than a specific entitled person. A certain justified deviation, even if it is not alimony, is represented by the rule according to which it is possible - if the legal prerequisites are met - to use income from the child's property (Section 900, paragraph 1), possibly with the permission of the court, also the child's property itself to meet the needs of the family (Section 900 paragraph 2).