Funzione del mantenimento del figlio maggiorenne e conseguente distribuzione dell’onere della prova

In a recent judgment, the Italian Supreme Civil Court established that a child’s right of maintenance ends when he or she comes of age, but the child can obtain maintenance afterwards if proving his or her dedication, firstly to achieving a University degree and then to looking thoroughly for a job. In this way the Court has taken the distance from the traditional opinion that a child’s right of maintenance continues until he or she has achieved self-sufficiency or has failed in doing so for his or her own fault. Nevertheless, the aim of limiting a child’s right of maintenance, according to the principle of self-responsibility, can be equally achieved by considering the real content of the parents’ obligation of maintenance, that is putting their child in the condition of becoming economically independent, rather than making sure that they have actually reached independence. This theory not only complies with the law but results also in a distribution of the burden of proof between the parties, that satisfies the so-called principle of “proximity of the proof”.