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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 f-rmulated. 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
Current Problems of Concluding an Agreement on the Alimony Payment for Minors in Russia
The purpose of the manuscript is to analyze the trends and peculiarities of contractual regulation of alimony obligations concerning minors in Russia. The authors use a set of philosophical, general and special scientific methods of cognition of theoretical and empirical materials. In the course of the research, a dialectical-materialistic method was used to study the norms of family and civil law in their interrelations, interdependence, contradictions, taking into account all-roundness and objectivity in the study. In order to conduct a comprehensive study of problematic issues, general scientific methods (analysis, synthesis, deduction, induction, systemic) and private-science (comparative-legal, formal-legal, technical-legal, social modeling of the research) methods of cognition are used in the manuscript. The proposed comparative legal study allows for determining the main directions for the following: comprehensive improvement of the legal norms for the protection of the interests of the child in the process of divorcing parents, establishing the subject composition of agreements on the payment of alimony, determining the criteria for taking into account the various factors of participation in the life of the child when calculating the amount of content, developing a system of extra-judicial resolution of material welfare issues of the child during divorce, to optimize judicial practice, create a comfortable atmosphere for the development and upbringing of children.
Journal Article
The Legal Regulation of Protection of the Rights and Interests of the Parties to Alimony Obligations
Introduction: the paper analyzes the institution of alimony obligations, namely, the protection of the legal rights and interests of the parties in the event of alimony relations between them. The purpose is to determine the essence and importance of alimony obligations and protect the rights of the parties to alimony legal relations under modern family law. In this regard, the author analyzes the concept and legal nature of alimony obligations in family law of the Russian Federation, and also considers the application of legal liability measures in alimony obligations. Using the methods of scientific knowledge, the author analyzed the legal nature of alimony obligations, as well as the application of legal liability measures in this area in order to identify the ways to improve the protection of the rights and interests of the parties in the field of alimony obligations. Results: the insufficient scientific development of a number of issues related to the characterization of alimony obligations and liability of persons who violate them negatively affects the understanding of the legal nature of such liability, reduces the efficiency of its application and serves as an obstacle to further improvement of the relevant section of the family legislation. Conclusions: the analysis of the legal consolidation and practical implementation of measures of responsibility for non-performance or improper performance of alimony obligations is an essential part of the science of family law. The applicable rules of liability are regulated by a whole set of legal acts of various branches of industry, and the differentiation of such measures is implemented in different ways in modern law.
Journal Article