Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 3BDuty of spouse towards children.

Sub-title 1

In forceOfficial text

(1) Marriage imposes on both spouses the obligation to look after, maintain, instruct and educate the children of the marriage taking into account the abilities, natural inclinations and aspirations of the children.

(2) The obligation of the parents to provide maintenance according to sub-article (1) also includes the obligation to continue to provide adequate maintenance to children, according to their means, and where it is not reasonably possible for the children, or any of them, to maintain themselves adequately, who:

(a) are students who are participating in full-time education, training or learning and are under the age of twenty-three; or

(b) have a disability, as defined in the Equal Opportunities (Persons with Disability) Act, whether such disability is physical or mental.

(3) The obligations provided in sub-article (1) also bind a person acting with regard to another person’s child, in loco parentis by reason of the marriage of such person to a parent of that child, where the other parent of that child, shall have, at any time before or during the marriage, died or was declared as an absentee according to Title VII of Book First of this Code, or is unknown: Provided that the provisions of this sub-article shall be without prejudice to the obligations of the natural parents of the child and shall in any case be without prejudice to the provisions of article 149.

Amendment history
  • Amended by XIV.2011.2