Lid wage

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Lidlohn is in Swiss family law , a compensation , which mature (grand) children may require in certain circumstances by their parents or grandparents for work done in the same household. The term “lid wages” is not used in the law at the federal level itself. However, it can be found in cantonal laws, specialist literature and legal terminology .

Legal requirements

The Swiss Civil Code (ZGB) regulates lid wages in Art. 334 f. There it states: "Mature children or grandchildren who have devoted their work or income to their parents or grandparents in the same household can demand appropriate compensation for this."

In addition to maturity and kinship, the common household is central to the creation of the entitlement to lid wage. It is not sufficient that (grand) children with their own household help out with their (grand) parents, nor that the former take the latter into their own home.

Assertion

The head of the family is the debtor of the lid wage. However, this definition is problematic as the term “head of the family” disappeared from the law with the 1988 revision of family law.

The lid-wage creditor, on the other hand, is preferred by law to other creditors. The claim to lid wages is not subject to any statute of limitations until the death of the debtor (or the division of the estate) (Art. 334 to Paragraph 3 of the Civil Code) and the lid wage creditor receives privileged treatment in debt enforcement proceedings .

The lid wage can only be claimed under certain circumstances. They are:

  • The debtor's death
  • If the debtor is pledged or declared bankrupt during his lifetime
  • The abolition of the common household
  • The sale of the joint operation

Historical origin

Originally, the lid wage referred to the compensation of the maids and servants of a farm as well as other people who did not work for it in the form of a permanent employment relationship (such as day laborers or doctors on home visits).

etymology

The origin of the term itself could no longer be precisely determined at the beginning of the 19th century. But it probably comes from either the term "people" (in the sense of people subject to the court) or "limb" (in the sense of a part of the body - the hand - as a "tool" with which the consideration for the lid wage was provided).

Individual evidence

  1. ↑ For example, in Art. 20, Paragraph 1 of the Bernese Tax Act.
  2. ↑ E.g. in Kurt Amonn , Fridolin Walther: Outline of debt enforcement and bankruptcy law . Stämpfli Verlag AG, Bern 2003, ISBN 3-7272-0946-1 .
  3. ↑ Art. 334 ZGB. In: Systematic collection of federal laws. Retrieved February 1, 2012 .
  4. ↑ a b article "Lidlohn". (PDF; 33 kB) (No longer available online.) In: Tax book of the Canton of St. Gallen. Archived from the original on December 29, 2015 ; Retrieved February 1, 2012 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.steuern.sg.ch
  5. ↑ Women's rights in Switzerland. Information platform humanrights.ch, accessed on February 1, 2012 .
  6. ↑ See Art. 111 SchKG. In: Systematic collection of federal laws. Retrieved February 1, 2012 .
  7. ↑ a b cf. Samuel Ludwig Schnell: Handbuch des Civil-Processes : with special regard to the positive laws of the Canton of Bern . Bern 1810, p. 396 , note 8 .