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Jugement Kantonsgericht (VD - HC/2020/197)


Canton:VD
Case number:HC/2020/197
Instance:Kantonsgericht
Department:Cour d'appel civile
Kantonsgericht Entscheid HC/2020/197 vom 07.04.2020 (VD)
Date:07.04.2020
Force of law:-
Summary:T.________, a woman from [...], R. complained________, a man from [...], on payment of alimony. R.________argued that he was not subject to maintenance, since he was not the father of the child of T.________. The first court dismissed the claim. T.________ appealed. The Cantonal Court granted the appeal and ordered R.________ to pay alimony. More detailed summary: T.________and R.________werein a relationship. In this relationship it came to a child. T.________demanded from R.________alimony for the child. R.________denied paternity, and therefore argued that he was not subject to maintenance. The first court dismissed the claim. T.________appealed. The Cantonal Court conducted a DNA test, which confirmed the paternity of R.________. The Cantonal Court granted the appeal and ordered R.________to pay alimony. Explanation: Art. 285 CCIs the provision of the Swiss Civil Code that regulates the maintenance obligation of parents for their children. The plaintiff is the person who demands alimony. In this case it is T.________. The defendant is the person from whom alimony is demanded. In this case it is R.________. The first court is the court of first instance, in this case the Civil Court of the Canton of Vaud. The Cantonal Court is the court of second instance, in this case the Cantonal Court of Vaud. I hope this summary is helpful.
Rule of Law:Art. 100 LTF;Art. 106 CPC;Art. 117 CPC;Art. 123 CPC;Art. 276 CC;Art. 285 CC;Art. 286 CC;Art. 286a CC;Art. 298 CC;Art. 310 CPC;Art. 311 CPC;Art. 316 CPC;Art. 317 CPC;Art. 57 CPC;Art. 74 LTF;Art. 95 CPC;
BGE reference::-
Comment:
Spühler, Schweizer, Basler Kommentar Schweizerische Zivilprozessordnung, Art.319 ZPO, 2017

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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