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Bufete Iglesias abogados Salamanca

GRAN VIA 28, 3º D SALAMANCA Salamanca 37001 ES

Bufete Iglesias


María Jesús Iglesias García

Iltre. Colegio Abogados de Salamanca.

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ültima jurisprudencia del Tribunal Supremo: los alimentos reclamados por hijos menores deben abonarse desde la demanda

Posted on July 25, 2011 at 4:12 AM
Los alimentos reclamados por hijos menores deben abonarse desde la demanda. TS, Sala Primera, de lo Civil, 14-6-2011

En esta Sentencia, la Sala Primera del Tribunal Supremo clarifica la doctrina referida a reclamaciones de alimentos por hijos menores de edad,  en situaciones de crisis del matrimonio o de la pareja, y dispone que debe aplicarse la regla contenida en el art. 148.1 CC, de modo que, en casos de reclamación judicial, dichos alimentos deberán abonarse por el progenitor deudor desde el momento de la interposición de la demanda y no desde la fecha de la sentencia.

La cuestión que se planteaba en este recurso es si existía una diferencia total y absoluta entre los alimentos debidos, en casos de procedimientos por causa de la crisis familiar, y los alimentos entre parientes, debidos de acuerdo con los arts. 142 y ss.

La Sala niega esa diferenciación de trato. Resuelve la Sala que los alimentos debidos a los hijos menores en casos de separación de sus progenitores participan de la naturaleza de los que deben prestarse como consecuencia de la patria potestad y de los alimentos entre parientes en general, aunque tienen características propias, como consecuencia de las circunstancias en que se declara la obligación de prestarlos, concluyendo que resulta de aplicación el art. 148.1 CC, y deberán abonarse por el obligado desde la fecha de interposición de la demanda y no desde la de la sentencia.

Categories: Los alimentos reclamados por hijos menores deben abonarse desde la demanda. TS, Sala Primera, de lo

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