Legal scenario of alimony in Perú, a look from the position of the obligee

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DOI:

https://doi.org/10.24039/rcvp2023211678

Keywords:

Legal, alimony, debtors, family

Abstract

The aim of this article was to analyze from the legal aspect what is the legal scenario of alimony in Peru from the position of the obligee. The method used  was the qualitative approach; study type, basic and research design, grounded theory. Interview techniques and documentary analysis were applied with their respective instruments: the interview guide and the document. There were 8 justice operators (4 lawyers, 3 criminal provincial prosecutors and a family judge) as participants, to whom the interview guide was applied, which consisted of 6 questions related to the main topic. The results of this investigation were the following: first, there is a lack of normative regulation, (the articles of the civil code that go from 472 to 487, do not end up favoring the obligee). Second, those accrued as a result of the granting of the admission order are not refundable. The delay of time regarding the granting of alimony. We see this in the alimony processes that several of them go beyond 5 years, time that the obligee does not receive his alimony and finally, the false tutorial representation, this is manifested when the parents do not sue when they should. Therefore, it is concluded that the legal scenario of alimony in Peru from the position of the obligee is unfavorable.

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Published

2023-06-28

How to Cite

Riveros Tolentino, E. L. (2023). Legal scenario of alimony in Perú, a look from the position of the obligee. Cátedra Villarreal Posgrado, 2(1), 61–70. https://doi.org/10.24039/rcvp2023211678

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Artículos originales