Questione giuridica chiave
Whether the child pensions paid to the daughters had to be repaid after the father's pension was retroactively withdrawn
Decisione estratta
Yes. Once the father's main pension ceased retroactively, the child pensions, which were accessory to it, were paid without entitlement and had to be repaid under the social insurance rules.
Motivazione estratta
Art. 285(2) ZGB governs only the payment channel and does not create entitlement. The substantive entitlement depends on invalidity insurance law; after the retroactive pension withdrawal, no right to the child pensions remained.