Vulneración de los derechos del presunto padre en el juicio de alimentos.

Abstract

The objective of this qualification work is to recognize the violation of all the rights of the defendant in a maintenance trial with presumption of paternity, pregnant woman, without undermining the principle of the best interests of the child, which establishes the obligation to the alleged father to comply with the provisional pension imposed in the qualification of the claim, treated as if it were the biological father with the measures of constraint, personal and real, without the corresponding filiation having been established, imposing it on the grounds narrated in the claim, adding the time that must wait to be able to carry out the DNA test and due to the concurrence of the Food trials that each court has, while some of the constitutional rights are affected, it is important to motivate the reform of said article to eliminate personal pressure in the provisional pensions until the corresponding filiation is established by court ruling.