Children: a matter of public order

One of the points that must be kept in mind if we are in the process of a marital break-up through legal means if we have minor children, is to know that all judicial executions that refer to children will be subject to principles of public order, unlike what happens, for example, with judicial executions of a patrimonial nature.

It is worth noting that with respect to the public order aspect, we must refer to the principle recognized in article 39 of the Declaration of the Rights of the Child, established by the UN and ratified by the Spanish State.

It must be said that under the provisions of the aforementioned declaration, the need for care and respect for the integrity of the minor in question must be understood, always taking into account this care and respect for the integrity of the minor in the broadest sense of the concept.

Finally, it is necessary to refer to the fact that the obligations of execution in this area will always end up being “very personal actions” according to the provisions of article 1161 of the Civil Code.

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