Bibliographic citations
Aguilar, A., Jara, A. (2022). Incongruencia de declarar fundada una demanda de divorcio sanción y una reconvención por divorcio remedio [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/20253
Aguilar, A., Jara, A. Incongruencia de declarar fundada una demanda de divorcio sanción y una reconvención por divorcio remedio []. PE: Universidad Nacional de Trujillo; 2022. https://hdl.handle.net/20.500.14414/20253
@misc{renati/1045715,
title = "Incongruencia de declarar fundada una demanda de divorcio sanción y una reconvención por divorcio remedio",
author = "Jara Carranza, Amado Yury",
publisher = "Universidad Nacional de Trujillo",
year = "2022"
}
ABSTRACT The present thesis investigation examined the inconsistency that exists in the courts in declaring a divorce claim founded in the sanction system, and in turn, declaring the divorce counterclaim founded in the remedy system, since both systems are dissimilar in their nature and legal effects. The legal institutions that come into play for the analysis of the subject were addressed, such as: Divorce itself, its theories that are discussed in the doctrine, and the divorce systems that are applied in Peru, in turn, were analyzed the causes of divorce and their effects that they generate in their application. The thesis is intended to determine that it is incongruous to declare a divorce sanction petition founded and in turn to declare a counterclaim for divorce remedy founded in the same process, since its nature and legal consequences of both systems are different. For this, the differences and similarities of both systems were analyzed; the opinion of jurists specialized in the matter, and, rather, the analysis of the resolutions issued by the specialized family courts of the Superior Court of Justice of La Libertad. Finally, the conclusions were obtained from the discussion of those obtained, and the respective recommendations to improve our normative legal system.
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