Regulatory budgets for the inclusion of the prescription of the collection of alimony (Original)

Abstract

This scientific article aims to: Critically review the effects of declaring the right to receive food through alimony to be imprescriptible on the rights of the alimony, procedural speed and legal security in Ecuador; Being a complex issue in the legal system and in professional practice, to achieve this, a qualitative approach is used, through the application of methods such as analytical-synthetic, inductive, comparative and exegetical, allowing the analysis of the imprescriptibility of the alimony accrued. As a result, the need and importance of the prescription of the collection of accrued pensions is evident, under the established regulatory budgets that govern the Civil Code and the Code of Children and Adolescents, once the causes that originated the maintenance obligation have ceased. Furthermore, it is feasible to establish a reasonable limitation period of two years on arrears of alimony, without affecting the right to receive alimony; elements that safeguard the guarantee of legal certainty and the principle of speed, thereby achieving a balance between the rights of the insured and the obligor, without violating the principle of the best interests of the child.