Análisis jurídico respecto de la pensión de alimentos de los derechohabientes menores y mayores de edad y su extinción cuando el alimentario cumple los 21 años en el Ecuador y su perspectiva en el derecho comparado

Abstract

Abstract: This thesis will deal with the extinguishment of alimony when the alimony is 21 years old; for this reason, during the course of the thesis, it will be determined that there is a prejudice to the right holder in the continuation of their higher studies by not receiving alimony by law. To this end, the literature, case law and the comparative law of laws such as those of Spain and Peru will be analysed, since in those countries, children do not lose their maintenance when they reach the age of majority; instead, the administrators of justice, with their right criteria, extend it to the age of 28 provided that they prove that they are pursuing higher education. I will show that in these times children who turn eighteen do not leave home for two reasons: 1) Because they are financially dependent on their parents to continue their higher education; and,2) Because there are no sources of work due to the serious economic and health crisis caused by the Covid-19 pandemic.