Questione giuridica chiave
Whether parental property rights may be withdrawn together with parental authority when the parent lacks educational fitness under Art. 285 ZGB.
Decisione estratta
Yes. The deprivation of parental property rights may be ordered together with parental authority if the parent lacks the suitability to raise the children for one of the reasons listed in Art. 285 ZGB.
Motivazione estratta
Under Art. 298 ZGB, parental property rights can only be withdrawn together with parental authority; since the management of the children’s property is closely linked to their support and upbringing, the decisive point is whether the parent is fit to educate the children.