Unterhaltsrang und -rückgriff I/II

Child support and maintenance obligations often concern different obligations of parents, spouses and other relatives. In cases concerning a plurality of debtors, some obligations are considered to be the most important and thus prevail. Where there are several claimants, the problem of the priority of claims arises. Dieter Martiny shows that the extent of the obligation is the decisive factor for the ranking of the different maintenance obligations. If a third party - a person other than the real debtor - or the state has paid, this can alter the original claim. However, often the question of reimbursement arises. Dieter Martiny analyzes changes within the family and society which cause non-compliance and an aggravation of the reimbursement problems. He compares German family law and legal techniques for reimbursement, such as subrogation, with the Austrian, Swiss, French, English and US rules and regulations.