Impugnación de paternidad judicialmente aceptada y la restitución de las pensiones alimenticias consignadas.
ABSTRACT: The present investigation addresses a daily problem in the Ecuadorian courts, regarding the fixing of alimony based on the presumption of paternity and with it, the subsequent violation of the rights of the alleged father, when he is forced to pay alimony to a minor who does not is his bio...
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| Hlavní autor: | |
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| Médium: | bachelorThesis |
| Jazyk: | spa |
| Vydáno: |
2023
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| Témata: | |
| On-line přístup: | http://dspace.unach.edu.ec/handle/51000/12162 |
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Přidat tag | Shrnutí: | ABSTRACT: The present investigation addresses a daily problem in the Ecuadorian courts, regarding the fixing of alimony based on the presumption of paternity and with it, the subsequent violation of the rights of the alleged father, when he is forced to pay alimony to a minor who does not is his biological son, the aforementioned injury to constitutional rights, is addressed from a legal, social and doctrinal perspective, analyzing legal and constitutional precepts, which shows a direct violation of effective judicial protection and legal security, additionally , the rights of the oblige who are violated by irradiation, patrimonial, social, education, work and free development rights were developed, by virtue of that, it is important to emphasize that the results obtained show a strong agreement with the doctrinal analysis Therefore, the proposed hypothesis is verified and a solution to the problem arises, by virtue of that, a reform to Art. 246 of the Civil Code is proposed, so that, the legal norm invoked, allows the restitution of the values for alimony, forging the same line with international law, on the guarantee of constitutional rights, for people in equal conditions. |
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