Reformas legales al art. 349 del código civil, relacionado a las personas a quienes se deben alimentos

The Civil Code of the Ecuador, in the Art 349, says to the food that they owe for law certain persons, that is to say to: the spouse, the children, the descendants, to the parents, to the ascendancies, brothers and to the one that did a large donation, but it will have been rescinded or revoked In agreement to the numeral 3 of the unnumbered article 4, from the organic reformatory law to the Title V, of the Code of the Childhood and Adolescence, it has right to claim food the persons of any age, who suffer from a disability or his physical or mental circumstances the means prevent or impede them from being tried to survive for yes same, as consist of the respective certificate issued by the National Advice of Disabilities CONADIS, or of the institution of health that will have known about the case that for the effect one will have to present. Analyzing the mentioned legal disposition of the Civil Code with arranged in the Code of the Childhood and Adolescence, the adults only in case of disability and that could not use for yes same to obtain economic means, they have right to demand food Fodder that the content arranged in the Civil Code, in which he arranges that they have right to receive food several persons since to be the spouse, (the wife or the husband is implied), the children, the descendants, to the parents, to the ascendancies, brothers and to the one that did a large donation, must regulate establishing that have above mentioned rightly always and when these lack the economic means, in case of the spouse, parents and children, as well as the ascendancies. In addition I think that in the food obligation it must be established on three fundamental conditions: i) the need of the beneficiary; ii) the capacity of forced to offer the assistance foreseen in the law, without it implies the sacrifice of his own existence and, iii) the special duty of solidarity that exists between one and other one in consideration of his reciprocal circumstances. In the juridical practice who exercises the right to apt food he is the spouse (handcuffs) that it has been left by his husband or retires in home with just reason, nevertheless I think that it should for effects of the amount of the same one, to be considered to be the economic situation or if it has stable work, nevertheless nowadays the above mentioned amount of the pension is regulated bearing in mind the table of pensions established for the minors' food cases, when the logical thing should be that it must exist a table of pensions for these cases. I consider that for being in the inapplicable practice, which is demanded claiming food between brothers, as well as the person who did a large donation, these two numerals must be repealed. In agreement to what the Art arranges 82 of the Constitution of the Republic of the Ecuador, related to the right to the juridical safety, the laws must be applicable, for this reason, it is necessary to harmonize related to the food that owe to themselves for law certain persons so that the juridical frame that it regulates related to the apt food, has harmony and coherence.

• Prif Awdur: Torres Riofrío, Edwin Leonardo (author)
• Fformat: bachelorThesis
• Iaith: spa
• Cyhoeddwyd: 2014
• Pynciau: DERECHO
• Mynediad Ar-lein: http://dspace.unl.edu.ec/jspui/handle/123456789/15892