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"ALIMONY"
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The implementation of civil actions against non-compliance with alimony obligations in Peru
The work developed a problem that arises in the Peruvian reality: the failure to comply with the maintenance obligations judicially established in favor of minors, which on many occasions causes the deprivation of liberty of the person liable for maintenance, due to the configuration of the crime of omission to family assistance, resulting in the continuation of said non-compliance. as well as that minors are the most affected. Therefore, through this article we sought to propose the implementation of civil actions based on Chilean legislation and the principle of the best interests of the child to make effective the fulfillment of maintenance obligations.Through the development of this article, it will be determined that the use of the aforementioned civil actions is feasible and although the Peruvian reality is not the same as that of Chile, the ideal and possible solution to the problem that affects a large part of the population, either directly or indirectly, can be observed. because although there is a judicial process for alimony, a National Registry of Delinquent Alimony Debtors and the criminal figure of the omission of family assistance in case of non-compliance; Peru is unable to effectively combat the various situations of food non-compliance that arise.
Journal Article
Indirect Measures of Compulsion of the Debtor to Pay Arrears of Maintenance Obligations
Introduction: the article deals with some problems of the Russian enforcement proceedings in cases related to the payment of alimony. The high social significance of the system of meeting alimony obligations is determined. The statistical reporting of activities of the Russian law enforcement bodies showing the existence of significant problems in the analyzed sphere is given. The purpose of the work is to propose the creation of a system of measures of indirect compulsion of the debtor to perform his duties. The tasks are the problem statement, the identification of the public importance of the problematics, the analysis of the statistical data, and the offer of the problem solving techniques by means of the active use of measures of indirect compulsion of the debtor to meet his/her maintenance obligations. The statistical and system-logical methods of research are used. Results: the specific measures of indirect compulsion of the debtor in order to improve the efficiency of the Russian enforcement proceedings in alimony cases are proposed, the idea of the importance of creating a situation, in which to have the status of the debtor, especially on maintenance obligations, will be extremely disadvantageous for any citizen, is formulated. Conclusions: it is proposed to create a system of restrictions on the rights of the debtor, in the implementation of which the state is involved, including a systematic restriction of a number of rights of debtors on maintenance obligations, the right to register real estate, the right to marry or dissolve marriage, to hold certain positions, restrictions on the disposal of funds available in the accounts of the debtor, restrictions on the use of the system of railway and air transport, the termination of the right to receive tax deductions and benefits, any social benefits, the prohibition on renewal of the passport of the citizen of the Russian Federation, the foreign passport, the driver’s license, the birth certificate of the child and so on.
Journal Article