El divorcio controvertido por la causal de violencia contra la mujer y los miembros del núcleo familiar y sus efectos sobre los derechos de los hijos dependientes.

This research work will analyze the grounds for divorce, cruel treatment or violence against women or within the family nucleus, judicial actions and sentences prior to the divorce action itself, intrafamily violence, allowing us to understand the legal environment in which they operate and its impa...

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Detalles Bibliográficos
Autor principal: Becerra Quincha, Katherine Tatiana (author)
Formato: bachelorThesis
Lenguaje:spa
Publicado: 2023
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Acceso en línea:https://dspace.ueb.edu.ec/handle/123456789/6005
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Sumario:This research work will analyze the grounds for divorce, cruel treatment or violence against women or within the family nucleus, judicial actions and sentences prior to the divorce action itself, intrafamily violence, allowing us to understand the legal environment in which they operate and its impact on the rights of dependent children. Divorce as a legal institution is in itself a way of ending a marriage, which seriously affects the family group, even more so when this end is due to acts of violence against women or members of the family nucleus, a context that, unfortunately, it became a social phenomenon that affects all Ecuadorian families, without any distinction, and is even more clearly reflected in rural and poorer areas. Dependent children are physically and psychologically affected by this situation, since those women who decide to put an end to the abuse of their spouses begin by filing a complaint of abuse against the woman or members of the family nucleus, in a divorce hearing that has violence against women as a cause, the facts that make up said cause must be proven in order to obtain a favorable sentence; that is to say, the facts raised against the woman who has been a victim of violence have to be demonstrated with what has to be demonstrated with a sentence, issued by a competent judge. Once there is a final sentence on violence against women or members of the family nucleus, the divorce trial itself can be carried out, which will be carried out by summary procedure, and in the first place, the interests of dependent children will be ensured, the judge It will take care of their physical and psychological well-being. The investigation was structured in two main parts: the first called the theoretical framework that contains the following units: violence against women as grounds for divorce, and its effects on the rights of dependent children in divorces due to cruel treatment or 5 violence against women or members of the family nucleus; and, the second part through methods such as the inductive and the deductive; At the same time, various techniques and research instruments will be used, which will allow me to know in depth the subject of intrafamily violence and divorce. In relation to the expected results, I must indicate that, through the present investigation, it is intended to determine what happens with the rights of dependent children after a divorce due to domestic violence. Keywords: violence, divorce, dependent children, violation, rights.