Incorporación de exenciones en el régimen de alimentos del Código De La Niñez Y La Adolescencia, para evitar incongruencias con la ley del anciano
During the last years, the alimentary payments from natural parents have been increasing highly. In this context the claims are frequently address to grandparents from under-age in order to assume the responsibility. For this reason the demands of alimentary payments toward grandparents have been in...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2015
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| Subjects: | |
| Online Access: | http://dspace.unl.edu.ec/jspui/handle/123456789/9007 |
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Add Tag | Summary: | During the last years, the alimentary payments from natural parents have been increasing highly. In this context the claims are frequently address to grandparents from under-age in order to assume the responsibility. For this reason the demands of alimentary payments toward grandparents have been increased and have been gain mightiness behind approved reforms of “Congresillo” in June, 2009. In this same view, the 5th article of Código de la la niñez y la adolescence, in alimentary chapter related to payments, it establishes two concerns “the natural parents are the payors, but in case of absence, impediments or lack of resources or even capacity proved, the corresponding authority will order the alimentary payment or completed for one or more page: the grandparents, brothers that had completed 21 years old, and uncles. This paper address to emphasizes the right of ancient people that are 65 years old in concern that they do not have to execute this payment because they need special treatment. And also it is a call for regulations in this law by focusing on natural parents have to agree with this payment. To be aware it is impossible to demand toward grandparents to make them pay those alimentary payments to their grandsons without be sure if natural parents are died, even in that case grandparents that are not 65 years old are not able to obey this law. In the present work the researcher is demonstrating that the legislator, with the last changes to Código de la Niñez y la Adolescencia, he does not comply the fundamental rights such as: the right of the major law of children, and teenagers, to call for alimentary expenses; with the disadvantage of being the major “weak law” and sensible. Finally, the research evidences a solution through juridical reform in the Código de la Niñez y la Adolescencia referring to the alimentary regimen in the sense of grandparents fulfill this responsibility until 65 years old, overpassed this age, they will be free of this responsibility. Besides that the law of ancient will stablish some extensions and norms to this responsibility |
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