Bibliographic citations
Mujica, M., (2017). Aplicación del artículo 565-A del Código Procesal Civil respecto a la pretensión de reducción de alimentos y su incidencia en la tutela judicial efectiva. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/872
Mujica, M., Aplicación del artículo 565-A del Código Procesal Civil respecto a la pretensión de reducción de alimentos y su incidencia en la tutela judicial efectiva. [Tesis]. : Universidad Andina del Cusco; 2017. https://hdl.handle.net/20.500.12557/872
@misc{renati/17629,
title = "Aplicación del artículo 565-A del Código Procesal Civil respecto a la pretensión de reducción de alimentos y su incidencia en la tutela judicial efectiva.",
author = "Mujica Jaen, Mauricio Enrique",
publisher = "Universidad Andina del Cusco",
year = "2017"
}
The present investigation focuses on a very important issue when dealing with a special requirement of admissibility, imposed by article 565-A of the Code of Civil Procedure, which states that it must be up to date in the payment of food in order to access the system Judicial and to be able to raise the claim of food reduction - an assumption chosen for the investigation of this work. Knowing that everyone has access to the justice system as long as they meet certain requirements which can not be disproportionate to the purpose that is sought. Moreover, if it is known that such limitations can affect the judicial protection of the parties, which is part of our national legislation, as well as a constitutional right of any person who has the interest and legitimacy to appeal to the judicial area to seek the Fulfilling their unmet need or solving their legal dispute. That as stated in the first paragraph this issue is important since it is regulating the field of food which has a special connotation, reason why the restriction imposed by the aforementioned article is applied literally by the organs of administration of justice Without giving the applicants the possibility to indicate that they are not up to date, and to be able to prove this objectively, in order to have access to the court. Since the possibility of access to the legal area is not necessarily a guarantee that the claim is received by the judge. What is sought in this research topic is to ask if there is any other mechanism that meets the objective of Article 565-A, without being so restrictive. In order to find a middle ground between the special nature of food and the constitutional right of effective judicial protection.
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