One of the major problems with which lawyers are to lodge a claim, is to choose the legal figure to be applied to specific case, no doubt deciding between waiver and extinction of the obligation to food proves them tedious, concepts that frequently tend to seem similar, being totally different, because they often demand a person for purchasing of age or because of necessity it has ceased, but erroneously impetran the extinction of an obligation to food, when the right thing is the exemption from the obligation to food. Before entering this fascinating topic, I think convenient to do some appreciations of procedural order, which I consider important and that will be the basement for this analysis. What characterizes a process is its end; the decision of a conflict by a ruling according to the request of demand that litigants, stand which allows the satisfaction of a public and general interest or eliminate uncertainty with legal relevance; We must not understand the process as a simple protection of subjective rights of a natural or legal person, therefore what is pursued is respect for human dignity, the restoration of harmony and social peace in justice through the intervention of the Court 1. With regard to food, the clearer definition is found in the text of Louis Josserand 2 in his book of Civil law, Tomo i. volume II, which defines food as duty imposed legally a person ensure the subsistence of another person (legal Institute of food Benjamin Aguilar Llanos, page 18). Food enjoy the following features: personal, non-transferable, inalienable, imprescriptible, incompensable, intransigible, nonseizable, reciprocal and reviewable, while food obligation participates in some of the mentioned features, such as personal, non-transferable, imprescriptible, incompensable, intransigible, reciprocal, revisable, and further divisible. Although one of the characteristics of foods with respect to the rights and maintenance obligations, is the be personal; We can then deduce that food law is born with the person and accompanies it as long as you are in necessity and extinguishes with her, not and can be transferred or inter-vivos or mortis causes; as regards food obligation, also participates in the nature of personal being, it terminates with the death of the mourner as it is not transferable. .