El derecho de alimentos de los Hijos y la privación de libertad del alimentante menor de edad

Abstract: When considering alimony as the main topic of study, it is imperative to know the main idea, thus, this is defined as a series of various reforms that Ecuadorian legislation has had in order to completely regulate the right to receive food by minors. In reference to the above, the payment...

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Detalles Bibliográficos
Autor principal: Machado Hernandez, Jherwin Fernando (author)
Formato: bachelorThesis
Lenguaje:spa
Publicado: 2023
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Acceso en línea:http://dspace.unach.edu.ec/handle/51000/12000
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Sumario:Abstract: When considering alimony as the main topic of study, it is imperative to know the main idea, thus, this is defined as a series of various reforms that Ecuadorian legislation has had in order to completely regulate the right to receive food by minors. In reference to the above, the payment of alimony is considered in various legislations worldwide, the main obligation that must be fulfilled by the parents of the minor, since they are the only holder of this fundamental right that comprises not only a simple and plain food, but it encompasses in every sense those elements that serve to lead a dignified life. According to what has been established, it is essential to mention that, for the development of this research, the methodological part has been taken into account, thus applying the following research methods in this case, the first of which is pure research, which focuses on obtaining more information on the topic, as well as dogmatic research, which is aimed at obtaining more legal information in bibliographic sources to obtain greater contribution to the investigative work, and, finally, use has been made of descriptive legal research and thanks to it, it is possible to determine the problem posed in consideration of a legal reform that can be applied to Art. 137 of the COGEP. Based on what is established and the objectives set, it is determined that the payment of alimony is a parent-filial obligation, that is, it must be fulfilled by the father or mother for the sole benefit of their minor son or daughter. until he reaches the age of majority and is emancipated and fully capable of supporting himself. Likewise, it is also essential to take into consideration that the best interest of the minor will always be accompanied by the right in question since it is considered as that legal mechanism that forms a set of actions and obligations that must be fulfilled by the father and mother of the minor. so that the latter reaches a stage of childhood and adolescence where that dignified life always prevails as part of said stages.