La necesidad de establecer el proceimiento para sustanciar la extinción del derecho a percibir alimentos

Abstract

Abstract: The objective of the study is to legally and doctrinally analyze the procedure for extinguishing the right to receive food in the General Code of Processes, in its development the procedure in which the food process is substantiated is determined, causes of expiration of the right are analyzed in accordance to the Children and Adolescents Code and relevant jurisprudence on the extinction of the right to receive food is analyzed. A reform is proposed to article 332, paragraph 3 of the General Code of Processes for the extinction of food in the case of expiration due to the food reaching the age of majority or 21 years of age when studying, a request made before the judge of the cause that will be pronounced after listening to the other party without any further procedure. It concludes that the right to food must be addressed from constitutional law, that although the causes of extinction of the right are known, the lack of a procedure generates legal uncertainty, which in light of the jurisprudence of the National Court of Justice of Pichincha is subject to the summary procedure.