La no preferencia a la madre en el otorgamiento de la patria potestad y el interés superior del niño, en Derecho Comparado
Parental authority is an institution of Family Law that regulates the rights and obligations that the law recognizes their child´s custody, over their children and property; since 2003, Ecuadorian legislation maintained a preference in favor of the mother, even in cases where both parents have equal...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2022
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| Subjects: | |
| Online Access: | http://dspace.unach.edu.ec/handle/51000/9982 |
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Add Tag | Summary: | Parental authority is an institution of Family Law that regulates the rights and obligations that the law recognizes their child´s custody, over their children and property; since 2003, Ecuadorian legislation maintained a preference in favor of the mother, even in cases where both parents have equal conditions for their duty , a norm that was declared unconstitutional in November 2021 facing the problem of possible legal issues under the age of 18, as well as possible human rights harm and principles such as the right to integral development, preservation of the familiar conditions, thinking, identity, physical and mental integrity, principle of parental co-responsibility, best interests of the child, equality and non-discrimination. Therefore, the aim of the present research work is to carried out to determine whether there is no parental favoritism for the mother in the granting of parental authority, impacting the best interests of the child through a doctrinal and comparative legal analysis. This is a basic research, documentary-bibliographic, field, analytical and descriptive type, of non-experimental design; for the collecting of information, the survey applied was a questionnaire design, that allows to know several legal criteria about the child´s custody to exercise parental authority of the unemancipated minor. At the end of the research, it was concluded that the allocation in the rules for granting parental authority affects the best interests of the child because this principle confers the powers, rights, and obligations that the law recognizes on parents over their unemancipated minor children. |
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