El delito de inscripción como propio de la persona que no es hijo y sus consecuencias jurídicas en la legislación Ecuatoriana”

Voluntary recognition of children is one of the ways in which paternity arises, by the act performed by the father towards his son who has been conceived outside of marriage and that has been registered as his in the Civil Registry of Ecuador, with which acquires rights and obligations similar to subsidiaries reciprocally. CHAPTER I. In which it is tried to show that there is a problem that creates a normative contradiction of article 211 of the Organic Integral Criminal Code between article 248 of the Civil Code and the jurisprudence issued by the National Court of Justice, which establishes that the recognition made by the non-biological father is a crime, which could cause legal uncertainty, as allowed in the civil sphere, is classified as a crime in the criminal field within. CHAPTER II. Emphasis is placed on everything related to the typicity of this criminal type and how it is the practical reality in this type of events, in addition to why it should not be considered a crime, because there is a triple repetition ruling issued by the National Court of Justice in which it is reiterated that the recognition made by the non-biological father is perfectly legal in civil matters. CHAPTER III. Documentary bibliographic investigation was carried out, using the synthetic analytical method with which it has been possible to identify and analyze the norms of the Civil Code and the Integral Criminal Organic Code that are related to the proposed topic, thus carrying out a field investigation, being the quantitative qualitative research modality.

• Hoofdauteur: Galo Emmanuel, Amores Medina (author)
• Formaat: bachelorThesis
• Taal: spa
• Gepubliceerd in: 2019
• Onderwerpen: Paternidad; Reconocimiento; Tipicidad; Código Orgánico Integral Penal (COIP)
• Online toegang: http://dspace.unach.edu.ec/handle/51000/6269