In the resolution of February 24, 2011, III CZP 134/10, the Supreme Court gave a negative answer to this question. The Supreme Court took the position that maintenance claims should be included in the categories of claims for which the prohibition of the transfer of claims results from the purpose of their creation.
The resolution emphasized that the purpose of the maintenance obligation on the moral level is to satisfy the obligation arising from family ties to provide assistance to those family members who, through their own efforts and resources, cannot satisfy their living needs. This goal can only be achieved if the benefit is met for a specific person.
Apart from the strictly personal nature of the maintenance obligation, the subject of the claim is also opposed to the transfer of the maintenance claim to a third party by transfer, which is not the payment but the satisfaction of the vital needs of the beneficiary.
In accordance with the provisions of the Civil Code, maintenance claims may not be redeemed also by setting off, they may not be subject to execution or lien. Moreover, the entitled person may not waive the right to maintenance, even with the payment of a lump sum capitalized amount of future benefits, or transfer to another person both the right to maintenance and the maintenance installments already due.
For this reason, the right to maintenance is not only protected against the risk of depriving him of his means of subsistence as a result of placing his maintenance claims on the market, but also benefits from significant facilities in the recovery and enforcement of the payments awarded on this basis.
The adjudicating panel drew attention to the view presented in more recent literature, which narrows the principle of non-transferability of maintenance rights by allowing the possibility of selling to another person by an entitled person maintenance installments already due also by way of transfer of receivables. It is argued that maintenance installments that have become due and awarded by a final judgment are no longer closely related to the person entitled. However, the Supreme Court did not follow this view.