The action of reimbursement between for progenitors for the expenses assumed one of them

Authors

  • ANA ISABEL BERROCAL LANZAROT

Keywords:

Pension of food, Birth and demand, Modification, Undue payment, Undue enrichment, Civil responsibility

Abstract

In matter of food, the article of the civil code establishes an express exception of the retroactivity of the food when he arranges that though the food obligation is demanded since the person who has right to perceive them needs to survive only they will subscribe from the date of the demand in which they proclaim themselves. This norm is also of the application to the food obligation of the minor children for the reference of the article 153. Consequence of it has stood firm before the determination of the paternal not matrimonial filiation the possibility of being able to claim for the route of the article 1158 of the civil code the progenitor whose filiation has remained certain the food fur to the son and paid in its totality by another progenitor from a moment previous to the demand in I make concrete from the birth of the son. Likewise one has spoken before situations of negative paternity and of collection not owe of the food the power to apply the figures of undue payment, unjust enrichment. On such matter to is going to centre on the present study.

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Published

2017-02-28

Issue

Section

ESTUDIOS JURISPRUDENCIALES: DERECHO CIVIL. FAMILIA (2013-2021)

How to Cite

The action of reimbursement between for progenitors for the expenses assumed one of them. (2017). Critical Review of Real Estate Law, 759, 370 a 403. https://rcdi.tirant.com/rcdi/article/view/1317