Es imprescriptible el derecho de alimentos para mujer embarazada

The articles that regulate the provision of food for pregnant women are brief, vague and inaccurate (three articles: 148, 149 and 150 of the Code of Childhood and Adolescence), and it complies with the characteristics of the blank law, since it refers us To the regulations governing children's food. Because pregnant foods should be applied criteria, procedures and rules on the right to food for the son or daughter -art. 150 CNA-, there is no uniform criterion regarding the time of its requirement, and "expiration or preclusion", reason why there are sentences that contradict. A position of the judges holds that the food for the pregnant woman must be sent to pay from the presentation of the demand. A second position holds that pregnant women's food must be ordered to pay from the moment of conception, regardless of when the claim is filed. From this second position it forks in two other positions 1.- That the claim is made until twelve months after the birth of the child, since this is the maximum time of obligation to provide food to the pregnant woman -art. 148 of the CNA-; Y, 2.- That the claim does not prescribe or preclude, that is to say they can be demanded at any time. Given the different positions of the judges of the different jurisdictions of the country, it is important to determine, constitutionally and legally, with the support of comparative law, the analysis of jurisprudence, and taking into account international treaties and conventions, clear rules that Determine and delimit the enforceability of foods for pregnant women over time, with the pertinence of the exercise of the action.

• Autor principal: Chasipanta Quimbiulco, Beatriz Imelda (author)
• Formato: bachelorThesis
• Lenguaje: spa
• Publicado: 2017
• Materias: DERECHO; DERECHO DE ALIMENTOS; EMBARAZO
• Acceso en línea: http://dspace.unl.edu.ec/jspui/handle/123456789/18782