If you are an adult student, who is responsible for your debts?
If you are an adult student, who is responsible for your debts?
"My 18-year-old daughter is an apprentice and wants to leave home. I've heard that parents remain responsible for their children's actions or debts after they reach the age of majority. What exactly is the situation?
Suzanne, Chêne-Bougeries
Since 1 January 1996, the age of majority in Switzerland has been set at 18 by art. 14 of the Civil Code (CC). Anyone who has reached the age of majority and is capable of discernment is entitled to exercise their civil rights, which means that they are capable of acquiring property and entering into obligations towards third parties (art. 12 and 13 CC).
The information you have been given does not apply to children of full age who are capable of discernment, since under art. 333 of the Civil Code, the head of the family is only liable for damage caused by minors and prohibited persons or persons suffering from mental illness and feeble-minded persons placed under his authority. He is therefore obliged, if necessary with the assistance of the authorities, to ensure that these persons do not expose themselves or others to danger or harm. The head of the family can only be released from this "causal" responsibility if he can prove that he supervised those in his care in the usual manner and with the attention required by the circumstances.
Our readers will no doubt appreciate knowing that in 1977, the Federal Court explained that under the legislation in force at the time, under normal conditions, the husband and father was the head of the family and was responsible for any fault on the part of his wife, who was to be considered his auxiliary! Of course, since then, our Supreme Court has had occasion to clarify that nowadays it is both parents who assume the role of head of the family.
Consequently, if your daughter, who is of sound mind, were to incur contractual or tortious liability, or even - let's hope not - criminal liability as a result of her actions, you would not be liable in her place or alongside her simply because you are her mother.
