El derecho a la defensa y a la contradicción en la audiencia de apremio por incumplimiento en el pago de pensiones alimenticias, en Guaranda, 2023.
Food for children is a legal and moral obligation that parents have to ensure the basic needs of their children. This right is intended to guarantee the well-being of children and covers various essential aspects for their comprehensive development, such as nutrition, health, education, clothing and...
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| Format: | bachelorThesis |
| Wydane: |
2025
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| Hasła przedmiotowe: | |
| Dostęp online: | https://dspace.ueb.edu.ec/handle/123456789/8322 |
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| Streszczenie: | Food for children is a legal and moral obligation that parents have to ensure the basic needs of their children. This right is intended to guarantee the well-being of children and covers various essential aspects for their comprehensive development, such as nutrition, health, education, clothing and accommodation. This responsibility extends until the children reach the age of majority or economic independence, although it may be extended under certain circumstances, such as when the children have disabilities or are pursuing higher education. In cases of separation or divorce, the right to maintenance is frequently articulated through the determination of alimony, which one of the parents must pay to the other, who normally has custody of the children. The amount and method of payment of alimony is determined based on the needs of the children and the financial capabilities of the parents. The courts are tasked with ensuring that this right is properly enforced, and there are legal mechanisms to enforce alimony, such as enforcement in the event of non-compliance. The personal alimony obligation in Ecuadorian legislation is contemplated as a mechanism to compel the alimony debtor to comply with his obligation to pay alimony. This procedure is a civil measure, not a criminal one, whose purpose is to guarantee effective compliance with maintenance sentences. The purpose of applying personal pressure is not sanctioning but coercive, that is, it seeks to pressure the debtor to comply with his obligation. It is important to note that the right to defense and contradiction are fundamental principles in any legal process, including alimony enforcement processes. This means 4 that the debtor must be adequately informed about the actions against him and must be allowed to exercise his defense before a measure such as personal restraint is ruled. The technique applied in this research was the survey with a closed questionnaire of five questions, which also collected information to establish the theoretical and doctrinal part of the research. Keywords: food, children, hearing of personal urgency. |
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