Derecho de repetición de obligados subsidiarios en un proceso de alimentos ante la incapacidad laboral del alimentante principal.

Abstract

This research addresses the topic of subsidiary obligors in the right to child and adolescent maintenance. Specifically, it focuses on the right of recourse against the primary provider when they assume payment for the corresponding child support. This is established in the Code of the Childhood and Adolescence in Article 5 of Title V, Chapter 1, which states that they may subsequently exercise this right against the primary provider. Additionally, the violation of the patrimonial and economic rights of subsidiary obligors to exercise the payment of an obligation that does not initially correspond to them will be analyzed. When the primary provider is affected, they cannot exercise the right of recourse recognized by Ecuadorian law. This is not mentioned anywhere in the legal system except for the Childhood and Adolescence Code. Legal bodies such as the General Organic Code of Procedures (COGEP by its Spanish acronym) or the Civil Code acquire another significance related to administrative issues or payments of what is not due. In summary, the real, permanent, and significant affectation of the primary provider's ability to provide for themselves causes those paying on behalf of the affected provider to have their rights and patrimony violated.