Chapter 12. Obligation to supply maintenance
Art. 807.- Subject matter of the obligation.
The person bound to supply maintenance shall supply to his creditors the means to feed, to lodge, to clothe and to care for his health in a decent manner, having regard to the social condition of the interested persons and local custom.
Art. 808.- Persons between whom the obligation exists.
(1) An obligation to supply maintenance exists between relatives by consanguinity or affinity in the direct line.
(2) An obligation to supply maintenance likewise exists between brothers and sisters born of the same parents or born of the same father or of the same mother.
Art. 809.- 1. Where there is no obligations.
The obligation to supply maintenance shall not subsist between relatives by affinity in the case where the bond which created the affinity has been dissolved by a divorce.
Art. 810.- 2. Judicial declaration of paternity.
In the case of abduction or of rape, the obligation to supply maintenance shall not exist in favour of the person whose paternity has been declared judicially.
Art. 811.- 3. Condemnation of creditor.
Nor is maintenance due in the case where the creditor for maintenance has been condemned for having made an attempt on the life of the debtor for maintenance or of an ascendant or of a descendant or of the spouse of the latter.
Art. 812.- Conditions for the existence of the obligation.
(1) 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.
(2) Nor shall such obligation exist where the person form whom maintenance is claimed is not in a position to supply it.
Art. 813.- 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.
Art. 814.- Possibility of revision.
The decision which fixes the amount of the maintenance allowance may be reviewed at any time upon the demand of the debtor or of the creditor.
Art. 815.- Place where allowance paid.
Saving any decision of the court to the contrary, the arrears of a maintenance allowance shall be payable at the residence of the creditor.
Art. 816.- Arrears. -1. May not be assigned or attached.
(1) The arrears of a maintenance allowance may neither be assigned nor attached, with out prejudice to the provisions of sub-art, (2) and (3.
(2) They may, even before they fall due, be assigned in favour of in situations of assistance which provide for the needs of the beneficiary of the allowance.
(3) The may be attached by the persons who have supplied to the beneficiary of the allowance what was necessary for his subsistence.
Art. 817.- 2. No accumulation.
All arrears which have not been received or claimed within three months from their falling due shall cease to be due unless the creditor proves that such arrears were necessary for his subsistence.
Art. 818.- Creditor may be taken into debtor’s hose.
(1) The debtor for maintenance may offer to discharge his obligation by taking the creditor for maintenance into his house.
(2) The court shall decide whether, having regard to all the circumstances, such officer shall be accepted or not.
(3) The debtor for maintenance may never to be compelled to take into his house the person entitled to claim maintenance
Art. 819.- 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 of such persons.
Art. 820.- 2. Recourse.
(1) The debtors who have been condemned to pay the allowance shall have recourse against those who have not been made parties to the suit.
(2) 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.
Art. 821.- 3. Order of debtors.
The different debtors shall finally bear the liability arising out of the obligation to supply maintenance 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 brother and sisters of the full blood;
(e) in the fifth place, the brothers and sisters of the half bleed whether on the father’s or on the mother’s side;
(f) in the sixth place, the descendants by affinity, according to their degree;
(g) in the seventh place, the ascendants by affinity, according to their degree.
Art. 822.- 4. Agreement between co-debtors.
(1) The debtors for maintenance may validity 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 serous reason for not respecting such agreement.
Art. 823.- 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) They shall not be bond to supply maintenance to the ascendants of the family of origin unless the latter can not claim maintenance from another member of their family.
Art. 824.- Funeral expenses.
(1) Whosoever is bound to supply maintenance to a person shall pay the funeral expenses of such person.
(2) The person who has advanced such expenses may claim the repayment from the debtor for maintenance, in accordance with the provisions relating to voluntary management of the affairs of another person (Art. 2557-2265).
Art. 825.- Particular agreements.
Any particular agreement providing for exceptions to the provisions of this Chapter shall be of no effect.
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