La seguridad jurídica en la fijación de las pensiones alimenticias a ecuatorianos residentes en el exterior
ABSTRACT: Generally, the establishment of alimony for Ecuadorians residing abroad must be substantiated in accordance with the Ecuadorian legal system, which establishes the guidelines that must be applied when establishing alimony, mainly taking into consideration each of the rights that accrue to...
Sábháilte in:
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| Formáid: | bachelorThesis |
| Teanga: | spa |
| Foilsithe / Cruthaithe: |
2024
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| Ábhair: | |
| Rochtain ar líne: | http://dspace.unach.edu.ec/handle/51000/13079 |
| Clibeanna: |
Cuir clib leis
Níl clibeanna ann, Bí ar an gcéad duine le clib a chur leis an taifead seo!
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Cuir clib leis | Achoimre: | ABSTRACT: Generally, the establishment of alimony for Ecuadorians residing abroad must be substantiated in accordance with the Ecuadorian legal system, which establishes the guidelines that must be applied when establishing alimony, mainly taking into consideration each of the rights that accrue to them. It corresponds to both the principal obligor and the beneficiaries of the right to food, for which the judge must consider the legal and social situation in which the Ecuadorian migrant finds himself. The general objective of this investigation was to carry out a legal and dogmatic analysis of the application of legal certainty in the resolutions in which alimony is established for Ecuadorians residing abroad through legal research., doctrinal, and a case study was carried out; it is evident that the resolutions in which alimony is set do not consider the rules determined in the Ecuadorian legal system. Neither does the alimony table calculate said pension, which implies a direct transgression of legal security that guarantees the certainty that justice operators will act by the law. The research is developed using a quantitative approach. Among the methods applied, I consider the legal-analytical, historical-logical, legal-doctrinal, and correlational legal process concerning the type of research is dogmatic, explanatory legal, and bibliographic for the compilation of information; the survey technique was applied to legal professionals who work both in judicial bodies and independently. As a result, a violation of legal security, due process, and adequate judicial protection is evident at the time of set alimony for Ecuadorians residing abroad since the legal provisions that govern the Ecuadorian legal system are not considered. The pension needs to be calculated according to the alimony table, which means that the resolutions lack motivation or legal. |
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