Morals of the Church
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Section — Prümmer, Manuale Theologiae Moralis

§ 8. On The Dominion Of Children Of Families According To Swiss Law

35.

35. Preliminary Notes.

  1. The old law of the diverse Swiss districts does not differ much from the French law explained above. But the new law introduced sufficiently great changes.

  2. Capacity for dominion arises from the first moment of man's existence.134 But the exercise of this dominion is not permitted except to those who are major-aged and endowed with the use of reason.135 A man becomes major-aged either after the completed twentieth year of his age or through contracted marriage.136 He is judged to be endowed with the use of reason who does not labor under insanity, dementia, drunkenness, or similar states of mind.

  3. A minor-aged son can be emancipated after the completed eighteenth year, provided that this is done by the guardianship tribunal and with his own consent and that of his parents.137

  4. One who lacks the use of reason can enter into no valid contract.138 One who enjoys the use of reason, but nevertheless is minor-aged or has been declared incompetent (entmündigt), can indeed acquire advantages, but he is not able to enter onerous contracts without the consent of the legitimate curator. If nevertheless he has done illicit acts, he is held to restitution.139 This article is of great moment for the practice of the confessor. If, for example, a minor-aged person has contracted debts, or has completed contracts of purchase or sale, all these things are invalid, but the minor-aged person is held according to his powers to repair the damage to those with whom he contracted.140

Dominion Of Minor-Aged Persons.

  1. To the parents belongs the administration of all goods pertaining to the children, unless the contrary has been expressly established.141

  2. To the parents belongs the usufruct of all goods pertaining to minor-aged children, unless the contrary has been expressly established. Nevertheless the parents must suitably care for the education and support of the children.142

  3. Goods which a minor-aged person acquires by his own labor done in the family community pertain to the parents; but goods which he acquires either by his own business carried on with the consent of the parents, or by labors done outside the family community, are left to the free disposition of the minor-aged person, with his obligations toward the parents nevertheless remaining safe.143 These two articles are of great moment for the practice of the confessor. For minor-aged children have no right to demand a wage from the parents, nor can they secretly take anything for themselves on account of labors done in the family community; on the contrary, children living outside the paternal house as maids, servants, clerks, apparitors, etc., freely dispose of the wage acquired; nevertheless they are held to repay to the parents the expenses of maintenance and besides, in a case of want, to assist the parents.144

Dominion Of Major-Aged Persons.

Major-aged children have free disposition over their goods. Therefore they can not only retain the wage of their labor done outside the paternal house, but even demand a wage for labor performed in the family community.145 Yet they are held to contribute their works to the suitable support of the paternal family.146

134 Cod. civ. Helv. a. 11. "Everyone is capable of rights" (Rechtsfähig ist jedermann).

135 Art. 13.

136 Art. 14.

137 Art. 15.

138 Art. 18.

139 Art. 19.

140 Art. 411.

141 Art. 290 and 294.

142 Art. 292-294.

143 Art. 295 and 296.

144 Cf. art. 328 and 329.

145 Art. 633.

146 Art. 328 and 329.

Property Rights of Minors