La reparación civil a los indebidamente demandados en procesos de reconocimiento de paternidad.
When a person is unduly sued in a paternity acknowledgment process, he/she acquires obligations that he must attend to while the trial lasts and it is determined, many times, that he is not the biological father of the child; this situation triggers multiple economic, social and personal effects tha...
में बचाया:
| मुख्य लेखक: | |
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| स्वरूप: | bachelorThesis |
| भाषा: | spa |
| प्रकाशित: |
2023
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| विषय: | |
| ऑनलाइन पहुंच: | http://dspace.unach.edu.ec/handle/51000/11078 |
| टैग: |
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| सारांश: | When a person is unduly sued in a paternity acknowledgment process, he/she acquires obligations that he must attend to while the trial lasts and it is determined, many times, that he is not the biological father of the child; this situation triggers multiple economic, social and personal effects that affect the defendant, such as the payment of a provisional alimony and court costs, up to the family and psychological breakdown of the person, with evident moral damage that violates the right to the integrity of the defendant. In these cases, civil reparation constitutes compensation by means of which it would replace what was spent by the unduly sued; besides constituting compensation for the moral damage that has been caused, allowing the affected rights to be compensated, in turn, In Argentina or the State of Veracruz in Mexico, it is punishable with imprisonment when filing these lawsuits affects the identity of the minor or the filiation. The pecuniary compensation to cover the expenses incurred by the defendant in these processes, as well as the possibility to sue for moral damages if it is proven that the defendant acted with malice, means that it is possible to make people aware of thinking before filing malicious lawsuits, in such delicate issues as the recognition of paternity. |
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