Análisis jurídico de los alimentos necesarios y su incidencia en el derecho de los adultos mayores abandonados, cantón Guaranda, provincia Bolívar, período 2022.

The legal analysis of the right of older adults to receive the necessary alimony, in accordance with the legal and constitutional framework that protects older adults in Ecuador, involves analyzing how the law regulates the right of older adults who have been abandoned, and the impact on the protection and guarantee of the rights of abandoned older adults to receive the necessary alimony from their children, who due to the vulnerable condition of their parents, do not have the necessary resources for their subsistence per se by themselves. The population of Ecuador is evidently in constant growth in terms of aging, consequently the problem arises in the normative field in relation to the right of older adults who are in a situation of abandonment to receive the necessary alimony for a dignified life. In the study of the regulations, the recognition of the right of older adults such as the necessary food, that is, to receive an alimony in favor of older adults in the country, within the legal framework specifically in the Civil Code in the First Book of Persons, in reference to Title XVI, there are the food that is owed by law to certain people in this case to older adults, in addition in the Organic Law of Older Adults in its Section VII is the Right to Alimony; regulations that have a main objective of guaranteeing that older adults receive support to live in a dignified manner with the legal responsibility of their relatives to provide the necessary financial support. In cases of abandoned older adults, this condition can be compromised because many of these people live alone in their homes or have been abandoned in homes or nursing homes, also called geriatric homes, in addition, the sad reality that there are older adults living in homeless conditions should not be denied. These factors denote a problem related to the vulnerability and lack of protection of older adults who find themselves in various situations that negatively influence when demanding their rights, one of which is necessary food. The definition provided by the Civil Code on necessary food is ambiguous and lacks breadth in the sense of specificity, it is literally expressed that necessary food is "that which provides what is enough to sustain life" (Civil Code, 2005). For the full exercise of the rights of older adults, the application of legal mechanisms is required to ensure the protection of the right to necessary food of abandoned older adults, which will serve to provide the support they deserve due to their stage of life of double vulnerability, receiving a dignified life so that they meet basic needs such as food, health and housing. (Castro et al., 2020) 4 In this research, the mixed methodology will be used, consisting of the qualitative research method, which will allow the realization of assessments regarding the right to necessary food for the elderly in the Guaranda canton, Bolívar province, in the same way the quantitative research method will be used which will examine those phenomena that generate the abandonment of the elderly. The results derived from the collection of information will be evidenced respectively in the need for comprehensive attention, to the legal figure of the food provided to the elderly and the analysis of the possible solution that establishes a solid relationship between the normative obligation and the social duty of protection of the most vulnerable people by the relatives of the elderly people. Keywords: Necessary food, older adults, abandonment.

• Автор: Caiza Guananga Stefanny Carolina (author)
• Формат: bachelorThesis
• Опубліковано: 2025
• Предмети: ALIMENTOS NECESARIO; ADULTOS MAYORES; ABANDONO; CANTÓN GUARANDA; PROVINCIA BOLÍVAR.
• Онлайн доступ: https://dspace.ueb.edu.ec/handle/123456789/8456