Reforma al código de la niñez y adolescencia, en cuanto a la responsabilidad de los obligados subsidiarios al pago de pensiones alimenticias y los mecanismos coercitivos

The reforms in our country regarding the Code of Childhood and Adolescence allow us to speak of the subsidiary obligation , including the second paragraph of Article 5 of the body unnumbered cited Act , in relevant part provides that in case of : absence, handicap or disability resource failure of principals , who duly proved by invoking it shall order that the provision of food is paid or supplemented by one or more of the following subsidiary obliged , in view of their economic capacity and always and when they are not disabled . The subsidiary obligation then becomes the parent-child bond from family law born from parents are unable to contribute to the provision of food and therefore relatives fourth degree of consanguinity and second degree are called by law to contribute to the payment of maintenance for children and adolescents including for the disabled. The forced unnumbered subsidiary under Art 5 of the Code of Children and Adolescents, in rank order are: • The grandparents , grandmothers ; • The brothers and sisters who have attained 21 years and not be recipients of food studies at any level or proven disability and, • The uncles and aunts . That is, these forced subsidiary , acquired an obligation , which they are not responsible , since according to the law , corresponds primarily to the father and mother , shared responsibility, respect , protection and care of children and the promotion , respect and enforcement of their rights In addition to the above , Article unnumbered 22 , after the Article 125 provides that the staff constraint is given in cases where the parent fails to pay two or more child support , the judge / aa parte and certification upon a finding by the respective financial institution or non-payment , and have the urge staff up to 30 days and prohibited from leaving the country. In case of recidivism the urge staff will extend for 60 days, and up to a maximum of 180 days. Porteriormente however extends this order of urgency, when it states that "without prejudice to the provisions of this Article , the judge / a can make the payment against the other obligors The statements in the cited standard that currently occurs where there forced subsidiary , ordering the staff urge against them , when the right thing should be to punish the real culprits , but in our country , the penalty also falls who has responsibility without obligation acquired first, it does not. It is necessary to establish clear rules for the application of the subsidiary obligation , or it may be cases in which these people are not in the capacity of payment of a pension and therefore can be punished and even be deprived of his liberty, the socioeconomic analysis each of the cases is fundamental and therefore requires a clear approach to enable proper implementation of this legislation , whose only interest is to protect and forewarn the greater good which is the right of children to a life of dignity

• Autore principale: Paladinez Santamaria, Robin Jiovany Paladinez Santamaria (author)
• Natura: bachelorThesis
• Lingua: spa
• Pubblicazione: 2014
• Accesso online: http://dspace.unl.edu.ec/jspui/handle/123456789/14867