Paternidad presunta y la no devolución de la pensión provisional fijada dentro del juicio de alimentos e impugnación de paternidad

At present, there is a problem of the lack of an expedited process, which guarantees the payment of money paid by the alleged parent in the trial of a pregnant woman, when the presumption of paternity has been distorted. With the new trends of DNA, applied within the paternity recognition trials, paternity can be determined with precision, being this the ideal probative means, within the aforementioned process. The justifications for the payment of food, are mainly oriented to protect and guarantee the full development of the unborn and the pregnant woman, covered by the principle of superior interest and with respect to the pregnant woman being considered with in a priority attention group. However, the fact of affecting a assets of person under these circumstances is compressible, what is not possible is that the law does not formulate an agile way, that facilitates the return of the paid, when the formal bond that in principle was the Basis of the collection of food, has been discarded. This thesis is intended to demonstrate the lack of guarantee that the alleged parent has, so that his money is returned expeditiously within a summary process, and before the authority that first ordered the payment of food when it existed the justification. Finally, it will be concluded if such reimbursement action is feasible, if under what procedure would be done and what proposal is considered, or otherwise will be distorted this proposal and ratify that the conclusions of the legislators, not empowering in the specialized law an expedited procedure, has a convincing justification that does not allow the payment of what is paid for food.

• Main Author: Guevara Sotomayor, César Alejandro (author)
• Format: bachelorThesis
• Language: spa
• Published: 2017
• Subjects: RESPONSABILIDAD PARENTAL; JUICIO DE ALIMENTOS; RELACIONES DE FAMILIA
• Online Access: http://dspace.udla.edu.ec/handle/33000/7325