El régimen de alimentos en sede notarial y efectos en casos de incumplimiento.

Abstract

The present investigation had as a general objective, to analyze the alimony regime in a notary office, for which the doctrinal elements related to the right to maintenance were described, the advantages of processing alimony by mutual agreement in a notarial office, as well as the processing of alimony by mutual agreement before public notaries, in order to lighten the burdens that exist in the Family and Juvenile Courts that have this competence. One of the essential purposes of this proposal is to ensure that this type of procedure is carried out more quickly, guaranteeing the principle of procedural speed, as well as allowing that if there is a breach of the alimony agreement entered into by the parents of the minor, the affected party with that public instrument can go to the Family and Minors Court of the beneficiary's domicile and request the initiation of the enforcement procedure. The research methodology was based on a qualitative approach to address reality, since the food regime was analyzed in notary offices, according to the level of depth it has an exploratory nature. Finally, it was recommended to the National Assembly of Ecuador the inclusion of the unnumbered article 9-1 to the Reform Law to Title v Book II of the Organic Code of Childhood and Adolescence, in order to process the alimony agreement by mutual consent in notary office.