“El derecho constitucional de identidad y su incidencia en las sentencias dictadas dentro de los juicios de impugnación al reconocimiento de paternidad, tramitados en la unidad de la familia, mujer, niñez y adolescencia del cantón Riobamba, en el período enero-junio 2015”.

Contemporary society in which we live, gives rise to an endless number of legal phenomena which must necessarily be standardized in Ecuadorian legislation, so that there is no abuse of rights, which are supported by the “Constitution of the Republic of Ecuador” as supreme law. The “Constitution of the Republic of Ecuador” its section 5 of girls, boys and adolescents, article 45-Rights of physical integrity; to their identity, name and citizenship (...) ", in the same way in chapter VI rights of freedom, article 66-Rights of freedom, paragraph 28 expresses “The right to personal and collective identity that includes having full name, registered and freely chosen; “ keep, develop and strengthen the material and immaterial characteristics of identity". That´s way, the right to an identity in certain cases may be disturbed by several institutions of civil law, very particular case happens to challenge recognition volunteer, conducted either by the father or mother recognizable since recognition constitutes a voluntary act or pressured any generating rights to the recognized. The doctrine, regulations and jurisprudence of several countries, as well as in our give irrevocable character recognition based on the fact that "not applicable action challenges to voluntary recognition of paternity or maternity leave made by who took the legal quality of father or mother, knowing that the son was not biologically his, under the general principle of law no one may benefit from his own fault." His character of irrevocable has its end, and is of dysfunction the right to the identity of the lower who during its existence goes being characterized within the field social as in it school. Safe social between others, is by that that it legitimation active of the action of challenge of the recognition of paternity it has the son and any person that have current interest in this discarding on this last precept to the recognized father.

• 1. Verfasser: Lasso Merino., Cristian Israel (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2016
• Schlagworte: Reconocimiento; Voluntario
• Online Zugang: http://dspace.unach.edu.ec/handle/51000/3216