Civil Code Exticion on food obligation; Our legislation will take two very specific aspects: died when the petitioner or died when the forced to give food, by the fact of his death food obligation extinguishes. But here also the law makes a connection, if died calling for law to give food and subsisted such an obligation, to the available portion of your inheritance will be taxed to the extent necessary to comply with it, according to article 728 of the Civil Code stipulates. Of the exposed we can conclude that the exoneration and extinction of alimony have certain similarities and peculiarities. However, I consider that although mistakenly raised exoneration when in reality is a course for extinction of the obligation to food, this would not imply that the judge should dismiss demand, because first of all he knows the law, so must apply it even if it has not been invoked by the parties or has been erroneously.4 However, the strict application of the bounded norm would allow lawyers and litigants not worry in translating legal figure that should apply to the demand, and therefore they would provide demands with dubious petitions, which would allow the other party can deduct the exceptions in the case and thus delaying even more the process, causing the displeasure of the litigants and allowing lawyers to take advantage of this circumstance to make them believe that judicial personnel need gifts to solve your problem. In short, it is necessary to require lawyers and litigants to submit...

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