| November 28, 2018 | 0 Comments
Chapter IV: Action for the purpose of subsidies
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.
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.
The defendant may reject the request by proving by any means that he cannot be the father of the child.
The charge for subsidies is transferred to the debtor’s estate in accordance with the rules of article 767.
Articles 327 paragraph 2, and 328 above are applicable to the action for the purposes of subsidies.
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.
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.