An interesting decision of the Court of Genoa in the previous month of October (28/10/2009) highlighted what are the limits of Contribution of the ascending art. 148 cc in child maintenance from the parent obligated when they do not have the capacity.
The question to the attention of the Genovese Curia was informed by legal proceedings (proposed action for injunctive relief) of a woman against the father of minor children (under direct) and against ascendants of the same (in the alternative) under the call of the said Article. 148 states that the primary obligation of child maintenance by both parents and the subsidiary of their ancestors "when parents do not have sufficient means." The paternal grandfather, complaining of the share of maintenance treatment in the alternative against him in the appeal against the decree issued against him, has asked the Court to clarify what is meant by "the obligation of their ancestors subsidiarity" within the meaning of 'Art. 148c.c..
In its ruling the Court stated that the reference to legislation on the parents do not have sufficient resources to maintain, not to be understood " absolutely, because the lack of resources also allows partial integration and the replacement of one category to another. That obligation does not depends on the object failure of actual income of the parents, but their ability to ensure maintenance of the minor as noted by the Court on the merits (Court of Naples 02/15/1977) does not apply to exempt from that requirement in the ascending the behavior of parents who actually do not themselves adequately to the safeguarding of children, having been the norm in practice with regard to ensuring the proper maintenance their children ".
The obligation of the ancestors ( be understood to apply to all ascending of the child, as already noted by previous jurisprudence on the merits - Court of Reggio Calabria - 11.05.2007 ), therefore, can therefore compete with that of their parents with them and be distributed in accordance with their substance, not only when the first do not themselves at all, but even when their intake is insufficient and this contribution as an asset subject to immediate protection is a minor, regardless of ' detection of any liability, obviously a different scope of investigation.
was enshrined in the last sentence of Dr. Paredes, in the light of the economic situation and overall considered individually to ensure each component required a contributory effort to ensure, in situations of hardship, the right of everyone to pay the basic needs of life and the actual right of the child to its proper maintenance.
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