Normative assumptions for the prescription of the collection of alimony (Revisión)

Abstract

The general objective of this scientific article is to critically review the effects of declaring the right to receive maintenance through alimony to be imprescriptible on the rights of the provider, procedural celerity and legal security in Ecuador. It is a complex issue in the legal system and in professional practice. For its development, a qualitative approach is used through the application of methods such as analytical-synthetic, inductive, comparative and exegetical, which allow analyzing the imprescriptibility of the alimony accrued. As a result, the need and importance of the prescription for the collection of accrued alimony is evidenced, under the normative assumptions established in the Civil Code and the Code of Childhood and Adolescence, once the causes that originated the alimony obligation have ceased. In addition, it is feasible to establish a reasonable period of limitation of two years on overdue alimony, without affecting the right to receive alimony; elements that safeguard the guarantee of legal security and the principle of celerity, thus achieving a balance between the rights of the fed and the feeder, without violating the principle of the best interest of the child.