LOS CONVENIOS DE RESTITUCIÓN DE MENORES DE EDAD EN EL PERÚ DENTRO DEL MARCO DEL DERECHO INTERNACIONAL PRIVADO

• Autores: Díaz León, Javier Antonio, Cubas Miranda, Juan Carlos
• Formato: tesis de grado
• Fecha de Publicación: 2018
• Institución: Universidad Nacional de Trujillo
• Repositorio: UNITRU-Tesis
• Lenguaje: español
• OAI Identifier: oai:dspace.unitru.edu.pe:20.500.14414/10502
• Enlace del recurso: https://hdl.handle.net/20.500.14414/10502
• Nivel de acceso: acceso abierto
• Materia: Sustracción y restitución internacional de menores; Convenio de la Haya; Derecho internacional privado

In many processes regarding tenure, custody and visiting rights, where parties of different nationalities intervene, the judges of the State that know such problem, usually grant the custody of the minor to a national subject of that State, and grant a mere right of visiting the other subject, who mostly turns out to be a citizen of the nationality of a foreign country. These cases mostly occur after a divorce or during the process of it. A large part of cases of international child abduction (Legal Kidnapping) occurs when the subject who has the right to visit, taking advantage of one of these periods, transfers the child abroad. In that country he requests the custody of the minor, illegal for the country from which he has left, trying to "legalize" his situation in his country. Also, there are other cases, for example, when both parents share custody and one of them transfers the common child to a foreign country, thus preventing the other parent from exercising his right of custody. The number of cases of international legal sequestration of minors is, unfortunately, very high worldwide since the eighties, and our country is not immune to this problem, where in the latter cases have increased. The first issue of Legal Kidnapping in Spain - a country that develops this issue legislatively - was the one ruled by the STS 8 April 1975, Bornes vs. Sources. Lately these cases have reached journalistic notoriety for their politicization: case Eneko, a son of a Spanish citizen, who held custody of it, and a German citizen converted to Islam, kidnapped by him and transferred to Yemen; so also because of the sensitivity it causes. Therefore, our interest in carrying out this research, seeking to provide possible solutions to this problem and disseminate the most important aspects of international child abduction.