Citas bibligráficas
Zamora, A., (2021). La retroactividad del derecho de alimentos en el Código Civil y la responsabilidad civil de los prestadores alimenticios [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4316
Zamora, A., La retroactividad del derecho de alimentos en el Código Civil y la responsabilidad civil de los prestadores alimenticios []. PE: Universidad Andina del Cusco; 2021. https://hdl.handle.net/20.500.12557/4316
@misc{renati/956915,
title = "La retroactividad del derecho de alimentos en el Código Civil y la responsabilidad civil de los prestadores alimenticios",
author = "Zamora Huarcaya, Alfredo",
publisher = "Universidad Andina del Cusco",
year = "2021"
}
This research whose title is “THE RETROACTIVITY OF FOOD LAW IN THE CIVIL CODE AND THE CIVIL LIABILITY OF FOOD PROVIDERS“ encompasses the development from the qualitative methodology thus developing concepts, principles, elements, typologies and characteristics of the Obligation of food to the minor it even from the pregnancy in fulfillment of the principle of superior interest of the child entailing it the civil responsibility of the maintenance provider. This research is based on the Civil Code, specifically the Fourth section, the section of which is on Food and Family Assets; hence the analysis and the problem with the reality of the maintenance providers (parents), who deviate from their essential responsibility such as the provision of maintenance to the minor children. The problems of the present investigation and legislative proposal, part of the inhuman reality of our Peruvian society such as: family instability, lack of affection within the family, the lack of sexual education in educational centers and within the family, but Above all, the lack of awareness and knowledge on the subject of family planning, all of this and among other factors lead to the demarcation of the family bond, thus leaving the sons and daughters in complete moral, affective and material abandonment. The retroactivity of the right to maintenance starts from a reflective personal analysis of the maintenance processes (provision, increase, execution of extrajudicial conciliation acts) presented before the Justice of the Peace lawyers from which the admission of the demand and the notification of this is highlighted. , with which the defendant or defendant is obliged (a) to provide maintenance to the minor for the facts set forth in the grounds of the claim as an advance allocation of maintenance, due to the irresponsibility of one of the parents, the problems of the previous paragraph lead one of the parents to file this demand for food with the sole purpose of watching over and assisting with the proper development of the minor such as daily nutrition, education, health, recreation, among others. From this legal and juridical context the present judgment arises: if the claim, as in many cases, is presented when the minor is already 15 years old (supposed age) and the defendant until that moment had no responsibility with the minor arises The question, does the defendant have to compensate and compensate the expenses of food, education, recreation and others from pregnancy to 15 years of age despite having been recognized by signature on the minor's birth certificate? unfortunately the reality and the legal norms indicate that No, it is more the obligee provider in most of the maintenance processes that intends to disclaim his civil liability. This real and current problem leads us to criticize the judicial processes and the specific norm of food with it to the law itself that is disinterested in a fundamental and constitutional right that is the right to Life such as food, study, health, recreation. For these reasons, this research work and Legislative proposal has the purpose of considering in the sentence or proceedings of extrajudicial conciliation of alimony all the economic, material and other expenses in the care and dedication of the minor alimony retroactively to the filing of the demand being it an essential constitutional right for the persistence of the human person.
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