La pensión provisional como medida cautelar interpretada a la luz de los Derechos Humanos
The present essay makes an analysis of the provisional alimony which is fixed by the family judges and considered as a precautionary judicial measure; it is provided of its own particularities in sight of the Family branch of the law and does not lack of presumption of doctrinal and jurisprudence in...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad de Costa Rica. Colegio de Abogados de Costa Rica
2011
|
| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3709222 |
| Source: | El Foro, ISSN 1659-1496, Nº. 11, 2011, pags. 57-62 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The present essay makes an analysis of the provisional alimony
which is fixed by the family judges and considered as
a precautionary judicial measure; it is provided of its own
particularities in sight of the Family branch of the law and
does not lack of presumption of doctrinal and jurisprudence
in the other areas of law.
It is also clear that the article 58 of the Alimony Law
regulates the automatic increase for the alimony, but it is not
well defined if it�s applies to the provisional alimony or the
definite alimony; this gives a margin of interpretation for the
judges in order to give more protection to the applicant of the
provisional alimony, in light of the human rights to protect
the fundamental right for food.
The fact that the provisional alimony it�s not subject to
the regular law increments regulated by law makes the beneficiary
to lose acquisitive power, whilst the provider receives
regular increments provided by law as an employee, either
from the public or the privative sectors. |
|---|