ALIMENTI, RIGHT TO. — The obligation to provide support to persons in a state of need, and especially to those linked by ties of kinship or affinity, is an institution deeply rooted in the idea of human solidarity and implemented under Christian influence.
Among the Romans, the right to support originally had to result from an agreement, a will, or a patronage relationship. Mere family relationship, as long as the structure of the Roman family remained unchanged, could not in itself give rise to such a right. The paterfamilias had all rights over those subject to him, including the ius vitae et necis, exponendi, vendendi, which he exercised extensively even toward his children; but he was burdened by no obligation toward them. Consequently, the obligation to support persons who could be disowned or killed with impunity was inconceivable, just as it was impossible for children to be obliged to support their parents, since as a rule they could own nothing. The evolutionary process began in the classical period, but within a very restricted circle, expanding under the influence of Christian ethics and reaching completion in Justinian law. In the classical age, the right and obligation to support existed between father, or paternal ascendant, and son; in the illegitimate family, between mother, or maternal ascendant, and son. In the Justinian age, on the other hand, both in the legitimate and in the illegitimate family, this right and obligation existed generally between ascendants and descendants. It was then extended to collateral relatives, and finally to spouses. In certain exceptional cases, other persons were also obliged to provide support: heirs, for example.
Canon law continued this work of extension; within the sphere of family relations, the right to support was also recognized for spurious children. Outside the family circle, several new forms of support obligations were introduced: thus, a monk had to be supported by the monastery if he was unjustly expelled; a cleric « a beneficio suspensus » who had no personal property received support from the fruits of his benefice; relations between godfather and godchild resulting from baptism also furnished a basis for the right to support; above all, however, the obligation of the beneficiary to provide support to the patron of the benefice when he was in a state of need was established.
The CIC has left the regulation of these obligations, insofar as they concern family relationships, to civil law; but with regard to relationships arising from particular canonical situations, it expressly imposes them in two cases. Under can. 980 § 2, the bishop who has conferred sacred orders on a person lacking a canonical title is obliged to provide that person with the necessary support until provision has been made for his « congrua sustentatio ». Can. 1455, n. 2, then renews the ancient prescription granting support, to be deducted from the fruits of the benefice, to the patron who, through no fault of his own, has fallen into a state of need.
Other canons of the CIC provide for the needs of religious who leave religious life (cf. cann. 643, § 2; 671, n. 5).
In the Italian Civil Code, the obligation to provide support is imposed only upon certain relatives. Under art. 433, those bound to provide it are, in the following order: 1) the spouse, legitimate or legitimated children and, in their absence, the nearest descendants; 2) the parents and, in their absence, the nearest ascendants; 3) sons-in-law and daughters-in-law; 4) the father-in-law and mother-in-law; 5) full and half brothers and sisters, to the extent strictly necessary and with full siblings taking precedence over half siblings.
Other provisions regulate the obligation to provide support in the natural family and in the adoptive family.
The legal obligation to provide support is always reciprocal, in the sense that each of the persons indicated above has not only the obligation but also the right to support; it concerns present or future need, never the past: nemo alitur in praeteritum. Support may therefore be claimed only by one who is in a state of need and unable to provide for his own maintenance (art. 438). And if, after support has been assigned, the financial circumstances of the person providing it or of the person receiving it change, the judicial authority shall order its termination, reduction, or increase, according to the circumstances (art. 440).
The social character of the right to support makes it inalienable. Its assignment is therefore not permitted, nor may it be set off.
Support must be assigned in proportion to the needs of the person receiving it and the financial circumstances of the person required to provide II. The needs of the recipient include whatever is necessary for subsistence, also with reference to education and vocational training. Finally, support may be provided either in money or by keeping the person entitled to it in the provider’s own home.
For other provisions concerning support in the Italian Civil Code, cf. arts. 51, 198, 279, 660, 670, 801, 2751 and 2948.