Reclamación de alimentos y retraso desleal : a propósito de la sentencia del Tribunal Supremo de 14 de noviembre de 2018 (RJ 2018, 5164) = Maintenance obligation and unfair delay: about the judgment of the Supreme Court of November 14, 2018 (RJ 2018, 5164)

Resumen

In its judgment of November 14, 2018, the Supreme Court rejects the claim of a woman and her daughter to obtain from their husband and father, respectively, what he owed for their maintenance for years under the provisions established by the separation judgment. The Supreme Court dismisses the wife´s claim because it considers that she did not exercise her right to maintenance in good faith. In its opinion, the woman incurred an unfair delay because she made her first claim on these grounds twenty years after the separation judgment was handed down. On the other hand, considering that the beneficiary of the pension was the wife, the court dismisses the daugther´s claim for lack of standing. In addition, it declares the maintenance obligation terminated. The review of this judicial decision allows the analysis, as main emerging issue, of the possible consequences of the delay in the maintenance claim, taking into account the limits regarding all subjective rights and, in particular, the abuse of law, the good faith, and the time limits. Some secondary issues also arise from my study, such as the causes for maintenance obligation termination, the standing to bring its claim, and the possible effects derived from the breach of this obligation.

Palabras clave:

Obligación de alimentos, Límites del ejercicio del derecho subjetivo, Abuso de derecho, buena fe y prescripción extintiva, Extinción de la obligación de alimentos, Consecuencias del incumplimiento de la obligación de alimentos, Maintenance obligation, Subjective rights limits, Abuse of law, good faith, and time limitations, Maintenance obligation termination, Consequences of non compliance of the maintenance obligation