There must be a situation of need for the person claiming them

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The Civil Code in articles 142 to 153 regulates the figure of the legal obligation of support between relatives: it is the right that a person who is in a state of need has to claim from certain relatives that they provide them with the essentials to satisfy their vital needs.

The basis of this figure is found in family solidarity . This obligation is imposed on the family because it is considered fair. The family has a series of advantages and rights, and therefore it is also understood that there must be a series of obligations.

Requirements
Family relationship.
The person from whom alimony is claimed must have financial capacity.
State of need of the beneficiary
The person claiming alimony must be in a situation where he or she cannot sri lanka email address list meet his or her basic needs. The law does not require that he or she be in total poverty.

When assessing the state of need, the assets and work capacity of the person seeking alimony are taken into account. The cause of the need is also assessed, especially in the case of alimony between siblings.

Family relationship
It is an obligation only between relatives and is reciprocal. It arises between ascendants, descendants, siblings and spouses. It is only limited to family relationships.

Economic capacity
Alimony is claimed from someone who has sufficient financial capacity. One cannot be forced to give alimony when one does not have sufficient capacity, this may be a cause for termination of such obligation.

Characteristics
We are dealing with a legal obligation ; it is of a very personal nature (if the person obliged to provide support dies, it is not passed on to his heirs and if the beneficiary dies, the obligation is extinguished); it cannot be waived ( article 151 of the Civil Code); it is a reciprocal obligation as a consequence of kinship; it is imprescriptible ; it is a joint obligation * ; there may be cases where there is more than one person obliged to provide support.

*According to article 145 of the Civil Code, the general rule regarding payment obligations when there are several parties is that they are distributed in proportion to their financial means. If the situation is serious, the judge may exceptionally demand full payment on a provisional basis.

Subjects obliged to provide food
It is included in articles 143 and 144 of the Civil Code.

There is an order of priority:

To the spouse (in case of separation, if there is a pension, it cannot be requested depending on whether or not one is in need).
Ascendants.
Descendants.
Siblings.
Between ascendants and descendants, there is also an order: first, those of the closest degree.

Regarding brothers , his obligation is limited.

Article 143.2 CC : Siblings only owe each other the assistance necessary for life , when they need it for any reason that is not attributable to the person receiving alimony, and this will be extended, where appropriate, to those they need for their education.

The amount is more limited than in other cases. There is also an order: firstly, siblings with a double bond and secondly, those who are only siblings with one bond.