Bibliographic citations
Gamarra, L., (2023). Inadmisibilidad y rechazo en demandas sobre reducción alimenticia ante el primer y tercer juzgado de paz letrado Tarapoto 2019-2022 [Universidad Nacional de San Martín. Fondo Editorial]. http://hdl.handle.net/11458/5773
Gamarra, L., Inadmisibilidad y rechazo en demandas sobre reducción alimenticia ante el primer y tercer juzgado de paz letrado Tarapoto 2019-2022 []. PE: Universidad Nacional de San Martín. Fondo Editorial; 2023. http://hdl.handle.net/11458/5773
@misc{renati/1055112,
title = "Inadmisibilidad y rechazo en demandas sobre reducción alimenticia ante el primer y tercer juzgado de paz letrado Tarapoto 2019-2022",
author = "Gamarra Lozano, Luis Fernando",
publisher = "Universidad Nacional de San Martín. Fondo Editorial",
year = "2023"
}
Through Law No. 29486, section five hundred and sixty-five-A is incorporated into our civil adjective standard, thus establishing a unique condition for claims regarding alimony reduction (demonstrating that one is up to date with payments); In the opinion of the undersigned, this condition constitutes a barrier to access to the judiciary, however, in the face of this assumption, in specific situations, I maintain that the judge is free to consider and, if applicable, apply diffuse control of constitutionality, of course, listening mainly the position of the obligee (or his representative), thus evaluating the relevance of admitting the claims even if the obligor is not up to date and culminating in issuing a substantive ruling on the claim. As a general objective we have: Determine the relationship between the inadmissibility of claims regarding food reduction and their rejection in processes processed before the first and third legal justice of the peace of Tarapoto period 2019-2022, obtaining as a result: The inadmissibility and rejection of claims regarding food reduction in processes processed before the first and third legal peace courts of Tarapoto period 2019-2022; show a strong correlation. Specific objective one: Identify the reasons that generate inadmissibility of claims for food reduction in processes processed before the first and third legal justice of the peace of Tarapoto 2019-2022, resulting in the following: The reasons that generate inadmissibility in claims for food reduction, The most frequent due to non-compliance are: requirement 11, with 82%; requirement 12, with 26%; requirement 9, with 16%; requirement 4, with 8%; and requirements 2 and 5, with 2% each; Annex 5, with 84% and the incomplete or imprecise request with 4%. Specific objective two: Establish what causes the rejection of claims for food reduction in processes processed before the first and third legal justice of the peace of Tarapoto 2019-2022, concluding: The causes for rejection of claims for food reduction, which are most frequent percentage for non-compliance were requirement 11 and annex 5, with scores of 52.63% and 50.88% respectively. Location: the research was carried out in the city of Tarapoto, province and department of San Martín. Period: The investigation was carried out in 2023. Conclusions: It was determined that the degree of correlation between the inadmissibility variable and the rejection variable is strong, the reason that generates a greater number of inadmissibility is that which establishes that the plaintiff proves to be up to date in his payments of primary alimony, the total number of rejected claims was due to the fact that the plaintiff failed to remedy said inadmissibility.
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