Bibliographic citations
Hidalgo, (2021). La regulación sobre la sustitución judicial del régimen de sociedad de gananciales y su afectación al principio de protección familiar [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/7808
Hidalgo, La regulación sobre la sustitución judicial del régimen de sociedad de gananciales y su afectación al principio de protección familiar [Tesis]. PE: Universidad Privada Antenor Orrego - UPAO; 2021. https://hdl.handle.net/20.500.12759/7808
@misc{renati/371183,
title = "La regulación sobre la sustitución judicial del régimen de sociedad de gananciales y su afectación al principio de protección familiar",
author = "Hidalgo Torres Jennifer Wenyi",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2021"
}
The present research work entitled "The regulation of the judicial substitution of the community property regime and its effect on the principle of protection of the family", is oriented to determine the way in which the regulation of article 329, referred to the judicial substitution of the community property regime, affects the constitutional principle of family protection. Therefore, the statement of the problem is as follows: ¿How does the regulation on the judicial substitution of the community property regime affect the principle of protection of the family in Peru?, and the following hypothesis is formulated as follow: "the regulation on the judicial substitution of the community property regime affects the principle of protection of the family". In this sense, in order to analyze the formulated problem, logical methods were used, among which are the deductive, inductive and analytical methods; additionally, legal methods such as the dogmatic, hermeneutic and comparative methods were used. On the other hand, with respect to the data collection techniques used, the bibliographic and documentary analysis is found, for which instruments such as bibliographic cards, use of the Internet, etc. were used. Finally, after the research carried out, the main conclusion was reached that the regulation on the judicial substitution of the community property regime affects violating the principle of protection of the family, this because the Peruvian Civil Code, in its article 329, regulates restrictive causes of substitution and that have a subjective character - as the case of fraud and guilt - which brings as a consequence a difficulty of proof that leads to the rejection of the claims by the judicial bodies. Thus, instead of foreseeing grounds that watch over the integrity of the family, its union and prevalence, they are only placed in a situation in which the conjugal relationship is deteriorated because trust has been defrauded; Therefore, the judicial substitution as it is foreseen becomes an inoperative mechanism since it does not mean a peaceful way for the solution of a conflict of interests, but, on the contrary, it implies the submission of the spouses to a cumbersome and vain process, where the only thing that is achieved is the total breakdown of the family relationship.
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