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Avoidance of maintenance for parents

Relatives in a straight line and siblings are obliged to provide means of subsistence, and, if necessary, also means of upbringing. With the exception of parental child support, the condition is the deficiency of the beneficiary. However, there are situations where alimony seems incompatible with the principles of equity and social justice. For example, a father who abandoned his child when he/she was young or abused the family may demand maintenance from his descendants in his old age. However, admitting them seems inappropriate.

According to Art.144 (1) of the Family and Guardianship Code, the obliged person may evade the performance of the maintenance obligation towards the entitled person if the demand for maintenance is contrary to the principles of social coexistence.This does not apply to the parents' obligation towards their minor child. This means that when the beneficiary's (e.g. parent's) behavior towards the obliged person (e.g. a child) was morally reprehensible, his claim may be dismissed.The above provision was introduced into the legal system in 2008, however, the jurisprudence of the Supreme Court had already introduced similar principles based on the application of the institution of abuse of subjective right (Article 5 of the Civil Code).

It should be remembered that in this type of proceedings, an allegation of non-compliance of the request with the principles of social coexistence should be filed, as the court will not consider it ex officio. It is worth remembering that an action for alimony may also be filed on behalf of the entitled by social welfare center. Art. 144 (1) of the Family and Guardianship Code will also apply in this case.

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