The Revised Family Code-CHAPTER ELEVEN OBLIGATION TO SUPPLAY MAINTENANCE

 CHAPTER ELEVEN OBLIGATION TO SUPPLAY MAINTENANCE

Article 197. -  Subject Matter of the Obligation.

The person  bound to supply maintenance under Article 198 of this Code shall supply to his creditor the means to feed, lodge clothe, and to care for this health and education, as the case may be, in a decent manner having regard to social condition and local custom.

 

Article 198. - Persons Between Whom the Obligation Exists

 

1)    Without prejudice to the provisions of Article 49 (1), an obligation to supply maintenance exists between ascendants and descendants, and between persons related affinity in the direct line.

2)    An obligation to supply maintenance likewise exists between and sisters.

 

Article 199. - Where there is no Obligation.

 

The obligation to supply maintenance shall not subsist between relatives by affinity unless the marriage with created the affinity is dissolved by death.

 

Article 200. - Condemnation of Creditor.

 

The creditor shall lose his right for maintenance where he has committed or attempted to commit a criminal act on the life or property of the debtor, or of ascendants, or descendants, or of the spouse of the latter.

 

Article 201. - Conditions for the Existence of the Obligation.

 

The obligation to supply maintenance shall not exist unless the person who claims its fulfillment is in need and not in a state of earning his livelihood by his work.

 

Article 202. -  Mode of Fulfillment of Obligation.

 

1)    The obligation to supply maintenance shall, as a rule, be fulfilled by means of a maintenance allowance paid by the debtor to the creditor for maintenance.

2)    The amount of such allowance shall be fixed by taking into consideration the needs of the person claiming it and the means of the person liable thereto.  

 

Article 203. -  Possibility of Revision.

 

The decision which fixes the amount of the maintenance allowance or residence of the creditor for maintenance may be reviewed at any time upon the demand of the debtor or of the creditor.

 

Article 204. -  Place Where Allowance paid.

 

The maintenance allowance shall, to the extent possible, be paid at a place convenient to the creditor.

 

Article 205. -  Arrears (1) may not be Assigned or Attached

 

1)    The arrears of a maintenance allowance may not be assigned or attached.

2)    Notwithstanding the provisions of Sub-Article (1) of this Article, they may, even before they fall due, be assigned in favour of institutions of assistance which provide for the needs of the beneficiary of the allowance.

3)    The provisions of Sub-Aritcle (1) of this Article shall not apply regarding persons who have supplied to the beneficiary of the allowance what was necessary for his subsistence.

 

Article  206.  – (2) No Accumulation.

 

All arrears which have not been received or claimed within three months from their falling dues shall cease to be due unless the creditor proves the such arrears  were necessary for his subsistence.

 

Article 207. - Creditor may be taken in Debtor’s House.

 

1)    The debtor for maintenance may offer to discharge his obligation by taking the creditor for maintenance into his house.

2)    Where there is a disagreement under sub-Article, (1) of this Article, the court shall give appropriate decision having regard to all the circumstances.

3)    The debtor for maintenance may never be compelled to take into his house the person entitled to claim maintenance.

 

Article 208. - Plurality of Debtors (1) Principle.

 

Where several persons are liable to supply maintenance to a creditor for maintenance, the latter may claim maintenance from any one of such persons.

 

Article 209.  -  (2) Recourse.

 

1)    Where there are several persons liable to pay maintenance, the debtors who have paid the allowance shall have recourse against those who have not paid their shares.

2)    Where a dispute arises under Sub-Article (1) of this Article, the court may condemn the latter to repay the whole or part of the allowance, taking into account their means and their degree of relationship by consanguinity or by affinity with the person claiming maintenance.

 

Article 210. -  (3) Order of Debtors.

 

The persons who are liable to supply maintenance under Article 198 of this Code shall finally bear their liability in the following order:

(a)    In the first place, the spouse;

(b)    In the second place, the descendants, according to their degree;

(c)    In the third place, the ascendants, according to their degree;

(d)    In the fourth place, the brothers and sisters;

(e)    In the fifth place, the descendants by affinity, according to their degree;

(f)    In the sixth place, ascendants by affinity, according to their degree

 

Article 211 -  Agreement Between Co-Debtors.

 

1)    The debtors for maintenance may validly agree, as regards their reciprocal relations, that maintenance shall be supplied to their common creditor by one of them.

2)    If the creditor for maintenance has adhered to such agreement, he may not make a claim against the other debtors to obtain maintenance unless he has a serious reason for not respecting such agreement.

 

Article 212- Case of Adoption

 

1)    The adopted child, his spouse and his descendants may not claim maintenance from the family of origin of the adopted child unless the adoptive family is not in a position to supply such maintenance.

2)    The adopted child shall not be bound to supply maintenance to the ascendants of the family or origin unless the latter cannot claim maintenance from another member of their family.

 

Article 213-Funera Expenses. 

 

1)    Whosoever is bound to supply maintenance to a person shall pay the funeral expense of such person.

2)    The person who has incurred such expenses may claim repayment  from the debtor for maintenance.

 

Article 214-Particlular Agreements.

 

Any particular agreement providing for exceptions to the provisions of this Chapter shall be of no effect.