Questione giuridica chiave
Whether support payments for a fully adult son in higher education must be included in the debtor’s subsistence minimum under debt enforcement law.
Decisione estratta
No. Support for a fully adult child in studies is not indispensable within the meaning of Art. 93(1) SchKG when the parents’ financial capacity is lacking; it therefore cannot be counted in the debtor’s minimum existence calculation.
Motivazione estratta
The duty to support a studing adult child under Art. 277(2) ZGB is limited by the parents’ financial means and does not continue beyond majority if those conditions are absent. A debtor may not finance children’s studies at the expense of creditors.