Impugnación de paternidad y del acto de reconocimiento voluntario en el Derecho Comparado Latinoamericano
ABSTRACT: Paternal filiation represents a fundamental component in the field of family law, extending beyond the legal field to encompass emotional, social and economic dimensions of great importance. In Ecuador, the challenge of paternity and voluntary recognition emerge as legal figures used to qu...
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| Format: | bachelorThesis |
| Idioma: | spa |
| Publicat: |
2024
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| Accés en línia: | http://dspace.unach.edu.ec/handle/51000/13266 |
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Afegir etiqueta | Sumari: | ABSTRACT: Paternal filiation represents a fundamental component in the field of family law, extending beyond the legal field to encompass emotional, social and economic dimensions of great importance. In Ecuador, the challenge of paternity and voluntary recognition emerge as legal figures used to question this kinship relation, resulting in complex processes in which a variety of evidentiary means are used in order to clarify both the biological truth and the legal one. The importance of examining the legislations of other Latin American countries, such as Mexico and Chile, has been recognized to obtain a deep understanding of the legal figures under study and the possible legal gaps that exist in Ecuador regarding this issue. The methodology used in the project includes various qualitative approaches, such as interviews with legal professionals in the city of Riobamba, review of legal figures through jurisprudence, legislation and relevant cases in Ecuador in comparison with other countries. The results of the comparative study between Chile and Ecuador will reveal how each country has developed differentiated solutions for the figures under study. The interviews identify aspects such as the extension of the processes due to the refusal of mothers to undergo the DNA test, as well as legal loopholes related to the impossibility of forcing anyone to undergo fluid extraction, which could constitute a violation of their personal rights. The analysis of cases demonstrates how judges are forced to issue sentences based on presumptions due to the aforementioned refusal, which hinders the efficient resolution of processes and generates inconveniences in society. In conclusion, the need for jurisprudence and legislation to improve the validity of evidence, in addition to DNA, in cases of paternity challenges is highlighted, as well as the importance of jurisprudential analysis by legal professionals for the correct preparation of judicial mechanisms in these processes. |
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