Theoretical and Judicial Practice Aspects Regarding the Supporting Obligation Between Parents and Child in the Regulation of the Family Code and the New Civil Code

Regarded in its finality, that of assuring the material conditions to fulfill the child's growth, education and professional training liabilities, parent's obligation to support him represents one of the specific duties that give a form to the judicial institution of parental care. Specific requirement of children support by parents or adopter is that the state of need of the minor is determined by the particular situation in which it is found, being placed in a period of training following a school and is preparing for a profession or occupation, which prevent him from achieving income from work even if according to the law he would be able to work. Until otherwise provided, the minor is supposed to be in need, unlike the major creditor of the support obligation, which, contrary to evidence, it is assumed not being in need, considering that, with capacity for work, he has means of support.