La acción de repetición de la obligación de alimentos.

Abstract

In Ecuador there has been a great study of the right of maintenance, mainly because of the desire to protect those individuals who are unable to support themselves by their own means, however, a gap arises with respect to those persons who, not being the holders of the obligation to provide it, are forced by the decision of the competent authority to pay alimony, without being the main obligor, in other words, the so-called subsidiary obligors. However, the figure thar is presented in our Organic Code of Childhood and Adolescence, to resolve issues regarding a refund of amounts paid for alimony, may not be the most advisable. Therefore, in this paper I will focus on the reimbursement action and not on the repetition action, as the one that allows the restitution of these values, because this could be the figure most related to resolving maintenance issues, where it can be exercised against the main obligors, and not against the beneficiary of the maintenance right. However, the problem arises because both actions are not as developed within our legal system in the matter to be addressed, so we seek to develop and analyze both institutions, to establish which would be the most appropriate to be used in food.