Bibliographic citations
Portal, M., (2024). Los fundamentos fácticos y jurídicos de la ineficacia de la figura del hijo alimentista en la legislación peruana [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/49271
Portal, M., Los fundamentos fácticos y jurídicos de la ineficacia de la figura del hijo alimentista en la legislación peruana [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/49271
@misc{renati/973075,
title = "Los fundamentos fácticos y jurídicos de la ineficacia de la figura del hijo alimentista en la legislación peruana",
author = "Portal Cáceres, Maria Luciana",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
The investigation encompasses the problems linked which the following question had been formulated: THE FACTICAL AND LEGAL FOUNDATIONS OF THE INEFFECTIVENESS OF THE FIGURE OF THE ALIMENTIST SON IN PERUVIAN LEGISLATION? During the execution of the research process we resort to various general and specific scientific research methods; Thus, through the scientific method, it increased the knowledge to prove or not the hypothesis and of specific or legal methods and of techniques and instruments such as documentary compilation and interviews with specialists such as Judges and Lawyers in inheritance and family law, concluding that the evolution of society and science, together with the advancement in DNA testing, has improved the ability to determine biological identity, especially in cases of filiation and recognition, thus ensuring the protection of the obligor child. However, many parents do not recognize their children voluntarily, which leads to them being considered alimony and facing difficulties in accessing their rights. Despite the presumption of paternity, which focuses on providing alimony, equal rights between children are neglected. Although the Constitution and jurisprudence recognize the special protection of children, the legislative framework still does not fully address the protection of alimony children, leaving them unprotected in terms of food subsistence and the right to identity. Although DNA tests have been useful, legal reform is needed to guarantee the rights of these children, equating them to those born within marriage. Finally, with the conclusions and the legislative proposal that lies in the ineffectiveness of the figure of the alimony child in the Civil Code in filiation processes, both for practical and legal reasons.
This item is licensed under a Creative Commons License