Abstract

JAIMES SANCHEZ, Brenda Neliet; CANO ALFONSO, Sandra Katerine  and  VICUNA DE LA ROSA, Maximo. Definitive regulation of the food pension by conciliators as delegates of the jurisdiction. Justicia [online]. 2021, vol.26, n.40, pp.143-157.  Epub Feb 22, 2022. ISSN 0124-7441.  https://doi.org/10.17081/just.26.40.4306.

This article is the final product of the research work on the legal nature of conciliation from the perspective of the Colombian constitutional, legal and jurisprudential system. Noted by the delegation of jurisdiction in individuals which is temporarily enshrined in Article 116 above, the legal effectiveness of the extrajudicial power of the conciliators to determine the final maintenance pension for children and adolescents was analysed. The methodology used in the development of the project was of an eminently historical qualitative approach - hermeneutic, applying as an instrument the matrix of documentary analysis to national and international standards and judgments of the Constitutional Court. It was established that the constitutional rule considers conciliation as a delegation of jurisdiction, whereas, the legal system and the jurisprudence of the Courts states that the legal nature of this institution is contractual in nature and procedural instrument, detracting from the power of conciliators to administer justice on a temporary basis in fixing the food allowance of minors.

Keywords : Definitive foods; Conciliation; Contract; Delegation of jurisdiction; Legal nature; Children and adolescent.

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