La fijación de la tenencia frente a la opinión del menor, en el cantón Guaranda, año 2021.

The present investigatión addresses a problematic existence within family law, especially when it refers to the establishment of possession in the opinión of the minor, staiting from its psysho-emotional, social and formative aspecto where the minor develops or grows, understanding that family law includes that part of the legal system thet deals with relationships between people united by the bond of kinship, mainly between parents and their chiñdren, and their filial relationshiop. Eith this context, the establishment of possession is addressed from the point of view of the opinión of the minor, from the perspective of Constitucional law, emphasizing the best interests of the child, the principle established in Art. 44 of the constitutional charter, as well as what is stipulated in international instrument and treaties ratified by Ecuadorian legislation in accordance with what is established in Art. 426 of the Constitution of the Republic of Ecuador, as it is determined and defined as a transversal axis of rights and guarantees. Its purpose is to verify whether justice operators outside of compliance with the law establish the legal figure of possession, trusting and accepting the opinión of the minor, this as form of optimal and viable solution that allows safeguarding the well-being of the minor and the continued exercise of parent-child relationships. Consequently, the general objective of this project is to analyze the impact of the minor's opinion in the custody determination judgment the present research has legal-social support as it is supported by precedents and methodological instruments. In fact, the methodology used has a quantitative and qualitative approach as a method; a “descriptive, exploratory and explanatory” research according to the level of depth, “deductive” according to the type of inference, “transverse” according to the time period and “theoretical” according to the goal pursued; and, finally, a research technique based on a survey and interview with lawyers and judges respectively; which made it possible to obtain and verify the data considered necessary fro the fulfillment of the objectives of this research that lead to supporting in legal praxis the appreciation of the figure of the fixation of possession against the opinion of the minor that prevents future consequences, within the legal aspect as well as the correct development of the minor. Keywords: Fixation, Possession, Opinion, Minors.

• المؤلف الرئيسي: Martínez Escobar Antonella Bellanira (author)
• التنسيق: bachelorThesis
• منشور في: 2024
• الوصول للمادة أونلاين: https://dspace.ueb.edu.ec/handle/123456789/7502