La vulneración de los derechos de alimentos en relación a la pensión alimenticia dentro del divorcio de mutuo consentimiento, en cuanto a la capacidad económica real del alimentante

In our country there is the legal institution called marriage, which is formed by a solemn contract between a man and a woman; It produces legal and social effects, it leads to the formation of the family which is regarded as the fundamental cell of society, it is regulated by Civil legislation. The marriage contract, like any other agreement can be dissolved legally when the spouses, have reached common agreement decide to divorce, as also when within the nuclear family has generated marital disagreements, or has engaged in any of the causes of divorce, determined by law. While it is true that the marriage can be dissolved by divorce, it is necessary to comply with certain formalities, when children have procreated in marriage and are these children, and to the credit of the conjugal partnership property they possess. These individuals are vented at the trial that is Verbal summary, for divorce, this contentious issue or by mutual consent. Divorce by mutual consent as its name indicates it occurs when spouses consensually expressed their decision to divorce, therefore it should have an agile process simplified, but it does not occur in reality, because of how its processing in the Ecuadorian Civil Code is set. The problem lies when at the time of the diligence of the hearing, the judge initially seeks a reconciliation between the parties so that there is no termination of marriage, in the absence of this, puts into consideration the conciliation of the pension of the retail food and what refers to property acquired during the marriage. For the reconciliation of the Inn's food judge is based on the table of minimum alimony and the economic capacity of the recipient. If it there is no agreement on this issue the judge may not dissolve marriage. In this way there is a legal vacuum or insufficient legal because to fix the basic and legal pension according to the table of alimony only minimum is taken into account the wage or salary of the alimony, but not their liabilities or debts which in wedlock acquired for the well-being of the family. Way of example a father who earn $1,200, by law you must cancel 35% of his salary ($375,75), subtract you the payment of Social Security, in addition to the debts which they have acquired in wedlock for the benefit of the child such as a purchase or construction of a home with a value of $600, in such a way that is not enough for your basic expenses wage or salary , with which will violate the benefit of the child such as a purchase or construction of a home with a value of $600, in such a way that is not enough for your basic expenses wage or salary , with which will violate the rights of the other to protect first and foremost to the Fed. Let's not forget that the maintenance, care, feeding and well-being of a child is shared responsibility between the parents. So to propose as an alternative, legal reform is that the judge within the diligence of the conciliation hearing will take into consideration capacity equal shape of the mother, whose obligation is to also contribute to the well-being and economic of the recipient, their liabilities and feeding of the child, therefore the judge will respect above all the agreement of the parties that have come on the food and leave the marriage dissolved after the food pension agreement.

• Glavni autor: Chamba Benítez, César Amable (author)
• Format: bachelorThesis
• Jezik: spa
• Izdano: 2016
• Teme: TITULO ABOGADO; VULNERACION DERECHOS; PENSION ALIMENTICIA; DIVORCIO MUTUO
• Online pristup: http://dspace.unl.edu.ec/jspui/handle/123456789/13627