Derecho

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La prelación de créditos y la pensión alimenticia
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Mosquera Flores, Christian Gabriel; Vayas Castro, Santiago
The present investigation intends that in the priority of credits the first alimony is taken into account, since according to what is presently established in the Civil Code, it is in the sixth place, so that it is not being Food right over minors. It is called priority of credits, to the order of payment that is established between several creditors that have a same debtor, at present in our legal system is regulated such order, however there is a certain contradiction with those established in the Organic Code of The Childhood and Adolescence, since it is this norm mentions that the best interest of the child must weigh on any right, which contradicts the Civil Code when finding the right foods in a non preferential place. In the new General Organic Code of Processes establishes only the mechanisms to carry out the competition of creditors, but does not make any reference to the payment order of the creditors. Reason why when there is some confusion in the current standard the researcher has seen the need to carry out the present investigation and give a solution to the problem raised, through the reform of the Civil Code in relation to the priority of credits, is The alimony is the first place in the order of payment of credits owed.