Reforzamiento de las medidas cautelares antes del apremio personal en alimentos.

Abstract:

The intention of this scientific article consists of proposing the reinforcement of the precautionary measures in order to diminish the nonperformance of the food obligation and to avoid the violation of the rights of the food one, thinking that the personal pressure is a measurement of last ratio imposed on the forced principal ones when it owes two or more food pensions and that does not contribute in an effective way to the payment of the food service. The personal pressure is considered to be a coercive rigorous measurement in the cases of nonperformance of the food payment, the reform got in the article 137 of the COGEP on May 10, 2017, it incorporated a special procedure that there must fulfill the Operator of Justice previous to arrange the personal pressure of the feeder; this reform to more of slowing down the fulfillment of the obligation does not expire with the proposed end. Of such a way the recoverableness of the food obligation and his fulfillment must be guaranteed across different precautionary measures as prohibition of exit of the country, prohibition of alienating the goods, etc. or coercive measurements as inabilities, retention, sequestration, between others. The State, the society and the family are jointly responsible in assuring and granting the means sufficient and necessary for the survival of the child, girl and adolescent, belonging to the group of priority attention, reason by which if the personal pressure does not fulfill his end it must be considered to be other measurements to guarantee the payment of the food service.

Año de publicación:

2019

Keywords:

• PRESTACIÓN ALIMENTARIA
• Ultima ratio
• Derecho de familia
• MEDIDAS COERCITIVAS
• MEDIDAS DE GARANTIZACIÓN
• Medidas Cautelares
• Apremio Personal
• DERECHO CIVIL
• Derecho Procesal

Fuente:

rraae