SUBSIDE ACTIONS
LexInter | November 28, 2018 | 0 Comments

SUBSIDE ACTIONS

Chapter IV: Action for the purpose of subsidies

Article 342

(Law n ° 72-3 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on August 1, 1972)
 

(Law nº 77-1456 of December 29, 1977 art. 1 Official Journal of December 30, 1977)
 

(Ordinance n ° 2005-759 of July 4, 2005 art. 3, art. 16 I Official Journal of July 6, 2005 in force on July 1, 2006)

Any child whose paternal filiation is not legally established, can claim subsidies from the one who had relations with his mother during the legal period of conception.
The action can be exercised during the whole minority of the child; the latter may still exercise it within two years following his majority if it was not exercised during his minority.
The action is admissible even if the father or the mother was at the time of conception, engaged in the bonds of marriage with another person, or if there existed between them one of the impediments to marriage regulated by articles 161 to 164 of the this code.

Article 342-2

(Law n ° 72-3 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on August 1, 1972)
 

(Ordinance n ° 2005-759 of July 4, 2005 art. 3 Official Journal of July 6, 2005 in force on July 1, 2006)

The subsidies are regulated, in the form of a pension, according to the needs of the child, the resources of the debtor, the family situation of the latter.
The support may be due beyond the age of majority of the child, if he is still in need, unless this state is attributable to fault.

Article 342-4

(Law n ° 72-3 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on August 1, 1972)
 

(Law nº 93-22 of January 8, 1993 art. 28 Official Journal of January 9, 1993)
 

(Ordinance n ° 2005-759 of July 4, 2005 art. 3 Official Journal of July 6, 2005 in force on July 1, 2006)

The defendant may reject the request by proving by any means that he cannot be the father of the child.

Article 342-5

(Law n ° 72-3 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on August 1, 1972)
 

(Law n ° 2001-1135 of December 3, 2001 art. 9 III Official Journal of December 4, 2001 in force on July 1, 2002)
 

(Ordinance n ° 2005-759 of July 4, 2005 art. 3 Official Journal of July 6, 2005 in force on July 1, 2006)

The charge for subsidies is transferred to the debtor’s estate in accordance with the rules of article 767.

Article 342-6

(Law n ° 72-3 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on August 1, 1972)
 

(Law nº 77-1456 of December 29, 1977 art. 2 Official Journal of December 30, 1977)
 

(Ordinance n ° 2005-759 of July 4, 2005 art. 3, art. 16 II Official Journal of July 6, 2005 in force on July 1, 2006)

Articles 327 paragraph 2, and 328 above are applicable to the action for the purposes of subsidies.

 

Article 342-7

(Law n ° 72-3 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on August 1, 1972)
 

(Ordinance n ° 2005-759 of July 4, 2005 art. 3 Official Journal of July 6, 2005 in force on July 1, 2006)

The judgment which allocates the subsidies creates between the debtor and the beneficiary, as well as, where applicable, between each of them and the parents or the spouse of the other, the impediments to marriage regulated by articles 161 to 164 of this present document. coded.

 

Article 342-8

(Law n ° 72-3 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on August 1, 1972)
 

(Ordinance n ° 2005-759 of July 4, 2005 art. 3 Official Journal of July 6, 2005 in force on July 1, 2006)

The res judicata on the action for the purposes of subsidies does not raise any objection of inadmissibility against a subsequent action in search of paternity.
The allocation of subsidies will cease to have effect if the paternal filiation of the child is subsequently established in the place of someone other than the debtor.

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