Facultad de Derecho y Ciencias Sociales

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Author: search.filters.author.Sevillano Villanueva, Leyla SolangeLanguage: search.filters.language.UNKNOWN KEY spa

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    Civil – procesal civil 1398-2013-0-1601
    (Universidad Privada de Trujillo, 2018)
    Sevillano Villanueva, Leyla Solange
    ;
    Angulo Araujo, Robert
    ;
    Moreno Gálvez, Marco Antonio
    The present case is given on the basis of the application filed by Teodosio Cedeño Rodríguez on procedural path of Knowledge Process in the lawsuit followed by Divorce for Causa de Separación de Hecho against the defendant Victoria Delgado Sachun; Attaching to the filing of the complaint the following evidence: a) Original Marriage Certificate, b) Birth Certificate of Hamilton Iván Cedeño Delgado, c) Birth Certificate of Miracles Elizabeth Cedeño Delgado, d) Ballot Payment of the appellant, where the discount for food is evident, e) File 1911- 1997 with which proof of de facto separation, f) Copy of the demand for food filed by the defendant followed in exp. 1911-1997; which were admitted through Res. No. One, being transferred to the other party according to the law. Finally the present investigation subject of study, solved dissolved the Link Marital between the plaintiff and the defendant for the cause of Separation of Fact, as invoked by the 12th C.C. then in accordance with art. 333 of the Civil Code, therefore, the marriage bond was declared dissolved, therefore the Regime of Sociedad de Gananciales. It also declares inadmissible the exemption from maintenance of food by Teodosio Cedeño, taking into account that it has a substantive pronouncement on the other Judiciary, stating that the National Judiciary has already pronounced itself on this matter, resolving that relapses in a food process do not have the quality of a thing judged, on the grounds that food may be subject to "increase, decrease, exoneration, cessation, among others ".