“la opinión del adolescente dentro del juicio de patria potestad y su incidencia frente al interés superior del menor, dentro de las sentencias emitidas por la Unidad Judicial de la familia, mujer, niñez y adolescencia del Cantón Riobamba, en el año 2015.”

This research will deal with parental authority, which is a natural right - conception - and by legal default - adoption, which empowers and forces parents to safeguard the integrity of their children not emancipated, thus forming a true social function, Which must necessarily be regulated in positi...

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Dettagli Bibliografici
Autore principale: Palacios Bucay, Jhonnatan Stalin (author)
Natura: bachelorThesis
Lingua:spa
Pubblicazione: 2017
Soggetti:
Accesso online:http://dspace.unach.edu.ec/handle/51000/3389
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Riassunto:This research will deal with parental authority, which is a natural right - conception - and by legal default - adoption, which empowers and forces parents to safeguard the integrity of their children not emancipated, thus forming a true social function, Which must necessarily be regulated in positive law, to ensure the fulfillment of its purposes. However, the suspension of the exercise of parental rights must be dealt with beyond mere limitation, because instead of restricting a function, it temporarily interrupts all of them. It is a mechanism that interrupts the whole sphere of action of the active subject. It seeks to protect the child who is in the moral or material abandonment of their parents. From what has been established there is no research that deals with the opinion of the adolescent for the deprivation of parental authority and its incidence in the best interest of the child. On this basis it can be argued that the work is original and therefore, it is transcendent and must be studied. In short, it is possible to compare both theoretical research and field research that the adolescent's opinion is not fundamental for the development of the process and the achievement of self-determination, it is only a diligence that the Judge can or can not Take into account for resolution. The problem of the present investigation will be to determine how effective the opinion of the child is, for the deprivation of parental authority of the parents.