Bibliographic citations
Caceres, Z., (2022). Imprescriptibilidad de las pensiones alimenticias devengadas de alimentistas con discapacidad física o mental severa [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5220
Caceres, Z., Imprescriptibilidad de las pensiones alimenticias devengadas de alimentistas con discapacidad física o mental severa []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5220
@misc{renati/955598,
title = "Imprescriptibilidad de las pensiones alimenticias devengadas de alimentistas con discapacidad física o mental severa",
author = "Caceres Monroy, Zulma Fatima",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The purpose of this research is to analyze the legal grounds to establish the Imprescriptibility of alimony accrued from obligors with severe physical or mental disabilities; considering that the fundamental right to alimony and the principle of the best interest of the child and adolescent must prevail, since in real life, despite there being a ruling on alimony, in most cases we find obligors who do not comply punctually their obligation, causing alimony to accumulate, to what is known as accrued, causing the legal representatives to request settlement of accrued alimony. However, it is regulated in the Civil Code, in article 2001, paragraph 5, the legal figure of the extinctive prescription of the action that comes from alimony, generating with it a lack of protection for the obligees who benefit from the right to food, because the established limitation period is fifteen years. What is sought with this research is the protection of the right to food of food supporters who have severe physical or mental disabilities, children who cannot fend for themselves and who need their food for life to survive, are protected by a legal norm that establishes the imprescriptibility of the settlement of their accrued alimony. For which a dogmatic legal investigation was carried out and by its nature it is qualitative; interviews were applied to judges and lawyers obtaining different answers, of which, the fundamental one, is that, both from the analysis of the legal norms and from the interviews carried out, it was obtained that express regulation is necessary in the Children's Code and adolescents and in the Civil Code, on the Imprescriptibility of alimony accrued from obligors with severe physical or mental disabilities.
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