Análisis jurídico de la acción de nulidad del reconocimiento voluntario de la paternidad y sus requisitos de admisibilidad.
The voluntary recognition of a child is the legal act through which a person declares, of his or her own will, that he is the parent of a minor. This recognition is usually made before a competent authority, such as the civil registry, and has important legal consequences, since it establishes filia...
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| Materyal Türü: | bachelorThesis |
| Baskı/Yayın Bilgisi: |
2024
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| Online Erişim: | https://dspace.ueb.edu.ec/handle/123456789/7634 |
| Etiketler: |
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Etiketle | Özet: | The voluntary recognition of a child is the legal act through which a person declares, of his or her own will, that he is the parent of a minor. This recognition is usually made before a competent authority, such as the civil registry, and has important legal consequences, since it establishes filiation and with it rights and obligations such as parental authority, the right to inherit, the obligation of care and to provide food, among others. The annulment action is a legal mechanism through which the non-existence or invalidity of a legal act or contract is sought to be declared, due to the presence of defects or vices that affect its validity. The consequence of a successful annulment action is that the act or contract is considered as if it had never existed, which means that any legal effect produced by the act should be reverted to the previous state. The Civil Code regulates the action to annul the voluntary recognition of paternity. This action can be brought by the recognizer, the recognized child, the recognizer's ascendants and those who have a current interest in it. The legal nature of the action to annul the voluntary recognition of paternity has been the subject of debate in the doctrine. Some authors maintain that it is an action of filiation, while others consider that it is an action of nullity. The position that is considered most correct is the one that maintains that the action for annulment of the voluntary recognition of paternity is an action for annulment. This is because the purpose of this action is to declare the nullity of the act of recognition, so its legal nature must be the same as that of the act being challenged. In this research, a mixed method has been chosen, that is, a combination of qualitative and quantitative methods such as Scientific Method, Inductive-Deductive Method, and Exegetical Method. Keywords: action, nullity, voluntary recognition. |
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