Análisis jurídico doctrinario respecto al apremio total en el incumplimiento de pago de pensiones alimenticias

Abstract

Abstract: The right to alimony is a right recognized nationally and internationally by the legal nature it has, it is a right inherent to the person by the fact of existing, which manifests to be an economic benefit that originates from the bond of union between two people, and product of the same is the child. It is an important issue to address how nowadays the fulfillment of this maintenance payment is directly experienced once the proper procedure to request it has been carried out. It is essential to recognize that on both sides we find ourselves on a line of fundamental rights; on the one hand we have the right to child support for the child, and on the other hand the rights of the provider in terms of freedom and integrity. Of course, it can be mentioned that it is the responsibility of the parents to watch over the care and personal development of their children throughout their lives, however, there are several circumstances that cause that such payment is not fully complied with and for which coercive measures are used in order to comply with the provisions of the judge. In the development of the present analysis, the subject presented will be approached in a punctual and systematic manner, focusing on the legal procedure followed to enforce a right and how it can be framed in a realistic context and above all in the social sphere of general interest.