Civil Code

1) The exoneration comes when the call to do has undergone it remarkable reduction in its income of way like if it continued fulfilling contributing nourishinily would put in danger his own subsistence; this exoneration is given with reference to the survival possibilities that can have the forced one in the most personal form; not talking about the case to the circumstance that the call by law has so many or other obligations that to fulfill those its subsistence puts in risk, because in such case would be declared inadmissible the request; since it would be unjust to award the irresponsible father, who with the argument to have several family expenses cannot fulfill his other obligations nourishing, so that its survival is put in risk. 2) The second case this dice when in the alimentista has disappeared the necessity state and can the forced one to resort before the Jurisdictional Organ asking for his exoneration; some of the alimentista does not talk about here to age, reason why it could be that he is greater or minor; one talks about only the necessity state that has disappeared (although it is temporarily). 3) One third circumstance anticipated by our legislation to grant the food exoneration, and is that exists it stops governing the nourishing pension granted by judicial resolution for the person who has reached the majority of age. However, the law also has taken forecasts on the matter and creates regimes of exception for the previous cases, because the daily life allows that so peculiar events happen; it is so, when subsisted the state of necessity in the alimentistas of legal age or would return to appear in the juniors such circumstance, it will be able to be asked for grants a food pension again to them; and the other situation of exceptional nature occurs when the person of legal age follows studies or it becomes qualified successfully or satisfactorily with the aim of obtaining a profession or office; the obligation nourishing it appears again and it subsists in as much last these studies or qualification of normal and regular way; in order that it can be put into effect this will have to resort to the Jurisdictional Organ and to request itself that the obligation subsists, according to indicates article 483 in fine of the Civil Code..

© 2010-2024 Goldfarb & Gold All Rights Reserved