Family solidarity explains maintenance, alimony and child support as important constituents in Family Law. The legal imperatives inherent to a duty of maintenance, make possible the support of people who are – or were – close. Many family relationships contain this possible obligation, even though the legislator draws certain requirements and limits to this duty. This concern for maintenance in case of need is, likewise, common to several legal systems. In the Portuguese legal system, article 2009 of the Civil Code presents, in a hierarchical manner, those who are obliged to this duty. All of them have a legal-family relationship tie that justifies this. However, the scope of this right varies according to the beneficiary, although it is undisputable – in terms of rules and mechanisms of enforcement – when related to children, as we will see. There are different rules regarding the duty to provide to family members. In fact, maintenance can have different contours if it regards children, adults, spouses, ex-spouses, etc. At the same time, it is also relevant to address the means for reacting to non-compliance when this duty exists and it is not respected. In this text we will present the outline of the Portuguese right to maintenance: its notion, nature and regime; and also a critical standpoint of it.
| Published in | International Journal of Law and Society (Volume 5, Issue 2) |
| DOI | 10.11648/j.ijls.20220502.15 |
| Page(s) | 175-181 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2022. Published by Science Publishing Group |
Maintenance, Alimony, Child Support
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APA Style
Cristina Araújo Dias, Rossana Martingo Cruz. (2022). Maintenance in the Portuguese Legal System – Some Notes and Reflections. International Journal of Law and Society, 5(2), 175-181. https://doi.org/10.11648/j.ijls.20220502.15
ACS Style
Cristina Araújo Dias; Rossana Martingo Cruz. Maintenance in the Portuguese Legal System – Some Notes and Reflections. Int. J. Law Soc. 2022, 5(2), 175-181. doi: 10.11648/j.ijls.20220502.15
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Download@article{10.11648/j.ijls.20220502.15,
author = {Cristina Araújo Dias and Rossana Martingo Cruz},
title = {Maintenance in the Portuguese Legal System – Some Notes and Reflections},
journal = {International Journal of Law and Society},
volume = {5},
number = {2},
pages = {175-181},
doi = {10.11648/j.ijls.20220502.15},
url = {https://doi.org/10.11648/j.ijls.20220502.15},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220502.15},
abstract = {Family solidarity explains maintenance, alimony and child support as important constituents in Family Law. The legal imperatives inherent to a duty of maintenance, make possible the support of people who are – or were – close. Many family relationships contain this possible obligation, even though the legislator draws certain requirements and limits to this duty. This concern for maintenance in case of need is, likewise, common to several legal systems. In the Portuguese legal system, article 2009 of the Civil Code presents, in a hierarchical manner, those who are obliged to this duty. All of them have a legal-family relationship tie that justifies this. However, the scope of this right varies according to the beneficiary, although it is undisputable – in terms of rules and mechanisms of enforcement – when related to children, as we will see. There are different rules regarding the duty to provide to family members. In fact, maintenance can have different contours if it regards children, adults, spouses, ex-spouses, etc. At the same time, it is also relevant to address the means for reacting to non-compliance when this duty exists and it is not respected. In this text we will present the outline of the Portuguese right to maintenance: its notion, nature and regime; and also a critical standpoint of it.},
year = {2022}
}
TY - JOUR T1 - Maintenance in the Portuguese Legal System – Some Notes and Reflections AU - Cristina Araújo Dias AU - Rossana Martingo Cruz Y1 - 2022/05/24 PY - 2022 N1 - https://doi.org/10.11648/j.ijls.20220502.15 DO - 10.11648/j.ijls.20220502.15 T2 - International Journal of Law and Society JF - International Journal of Law and Society JO - International Journal of Law and Society SP - 175 EP - 181 PB - Science Publishing Group SN - 2640-1908 UR - https://doi.org/10.11648/j.ijls.20220502.15 AB - Family solidarity explains maintenance, alimony and child support as important constituents in Family Law. The legal imperatives inherent to a duty of maintenance, make possible the support of people who are – or were – close. Many family relationships contain this possible obligation, even though the legislator draws certain requirements and limits to this duty. This concern for maintenance in case of need is, likewise, common to several legal systems. In the Portuguese legal system, article 2009 of the Civil Code presents, in a hierarchical manner, those who are obliged to this duty. All of them have a legal-family relationship tie that justifies this. However, the scope of this right varies according to the beneficiary, although it is undisputable – in terms of rules and mechanisms of enforcement – when related to children, as we will see. There are different rules regarding the duty to provide to family members. In fact, maintenance can have different contours if it regards children, adults, spouses, ex-spouses, etc. At the same time, it is also relevant to address the means for reacting to non-compliance when this duty exists and it is not respected. In this text we will present the outline of the Portuguese right to maintenance: its notion, nature and regime; and also a critical standpoint of it. VL - 5 IS - 2 ER -
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