Legal certainty and termination of child support: a critical review of the reform in the Peruvian Civil Code; [Segurança jurídica e exoneração de alimentos: revisão crítica da reforma no Código Civil peruano]

Ruiz M.Á.D.; Seclen R.S.; Cruz E.L. · Sapienza (2025) · DOI: 10.51798/sijis.v6i3.1062

Resumen

This research analyzes the incorporation of automatic termination of child support obligations into the Peruvian Civil Code, from the perspective of legal certainty, in response to normative gaps that affect the obligor’s right to effective judicial protection. The study adopted a qualitative approach using grounded theory as its methodological framework, applying semi-structured interviews with judges, prosecutors, and family law attorneys, along with legal document analysis. The findings show that the lack of specific regulation generates legal uncertainty, excessive litigation, and violations of the principle of equality. Comparative analysis with other legal systems, such as Argentina, revealed more efficient models where child support obligations automatically terminate under certain conditions. Based on this evidence, a legislative reform is proposed to explicitly establish automatic termination, grounded in objective criteria that ensure predictability, fairness, and procedural efficiency. It is concluded that this reform would strengthen legal certainty, reduce judicial workload, and protect the rights of both obligor and obligee.

Instituciones: Universidad César Vallejo