Key legal question
Whether the mother has standing to enforce child maintenance and child allowances in her own name.
Extracted holding
Yes. Because the divorce judgment ordered direct payment to the plaintiff and, under Art. 289(1) ZGB, the claim belongs to the child but is discharged by payment to the legal representative; as holder of parental authority, the plaintiff may enforce the claims in her own name.
Extracted reasoning
The defendant's reliance on former Art. 156(2) ZGB and old case law was misplaced. Under current law, Art. 289(1) ZGB governs, and local Lucerne practice also recognizes enforcement by the parent with parental authority or custody.