Browsing by Author "Paredes García, Marco Ramiro"

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    La obligación de alimentos y los derechos del adulto mayor
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-03) Paredes García, Marco Ramiro; Mayorga Naranjo, Nelson Eduardo
    This research aims to regulate the right of the elderly to seek food from their children, while avoiding violations to the guarantees offered by our current Constitution of the Republic; likewise, a technical body that provides control and monitoring regarding compliance in the payment of alimony to be carried out for the benefit of the elderly will be created. From the legal field maintenance obligations comprises those means which are indispensable for a person to meet their basic needs, according to the social position of the family. This maintenance includes foods that are strictly necessary for housing, education, transportation, clothing, medical care and others. In family law, the maintenance obligation relies on the need that a person can have to receive whatever is necessary to survive from another person, this occurs due to old age or poor physically and mentally health, which makes it impossible for the elderly toe provided themselves with alimony. This obligation normally lies with a close relative (parents towards their children, or vice versa); although it may also be another family member. Elder current law criminalizes certain guarantees on behalf of the elderly such as tax exemptions, among others; but lacks a legal provision that order and ensure that a technical department check that the product alimony deposits are made monthly or quarterly. Ecuador having subscripted to international treaties that promote the right tofoodand the development ofa decent lifein old age, not given enough importancewhen it isclaimed bycitizens beforethe courts. Keyword: Maintenance claims, rights of the elderly, elderly, relationship, legal relationship, subsidiary, progenitor, obligor, fed.