Abstract

HERNANDEZ JIMENEZ, Norberto. No one is obligated beyond what he is able to do? A critical view on the application of this defense mechanism in cases of child support in Colombia. Rev. Derecho [online]. 2015, n.43, pp.322-349. ISSN 0121-8697.  https://doi.org/10.14482/dere.43.6186.

This article discusses some critical comments on Ulpiano's dictum: Ultra posse nemo obigatum, which has commonly been used as a defense mechanism in legal processes on child support. Since the use of this dictum may lead to the omission of parenthood responsibilities, and may affect the children's rights, clear limitations to the scope of this legal instrument are under debate.

Keywords : crime; maintenance obligation; defense; accusation.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )