Prestación alimenticia en las relaciones Hispano-Argentinas

Abstract

Mixed families, in which one or several of their members are Argentine or Spanish, proliferate on both sides of the Atlantic. It is increasingly frequent that the defendant or his patrimony are in a different State from that in which the maintenance obligation must be fulfill. The difficulties to accede to the collection of this debt cause real problems, not only legal, but, above all, humans, considering that the maintenance obligation may be the only income that the creditor perceives. Some of the questions that may arise in relation to this subject are: a) if the food amount will vary depending on the law applicable; b) the place where the demand can be interpose; c) the possibly of recognizing the judgment in a different country of that in which the sentence has been rendered. To answer to these and other questions Spanish and Argentine rules of private international law on jurisdiction, applicable law, recognition and enforcement of judgments are studied. Once analyzed, improvement proposals of the already existing solutions are offered. The objective intended is that these as much facilitate the process of integration of the families, both in Spain and Argentina, which they are useful to prevent conflicts and optimize the contribution of immigration in both societies.