El análisis de la prueba en los procesos de impugnación del acto del reconocimiento de la paternidad
The recognition of paternity is a complex process, since, by resolution of the National Court of Justice, the legal way to annul this recognition is through nullity, where the act of voluntary recognition is questioned, a process in which demonstrate the existence of one or several vices, the presen...
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| Format: | bachelorThesis |
| Jezik: | spa |
| Izdano: |
2018
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| Teme: | |
| Online dostop: | http://dspace.unach.edu.ec/handle/51000/5157 |
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| Izvleček: | The recognition of paternity is a complex process, since, by resolution of the National Court of Justice, the legal way to annul this recognition is through nullity, where the act of voluntary recognition is questioned, a process in which demonstrate the existence of one or several vices, the present investigation is carried out to determine how legally it can be demonstrated that an act is illegal, so that through the ordinary trial, justice will annul that will. To speak of a vitiated act is synonymous with absolute nullity, since the will of the individual with the legality of the act would not be found. It has always been thought that giving the surname to a child knowing that it is not our biological, is a brave and manly act, since it would not leave unprotected a being that is not the fault of anything. But we must also understand that carrying out this act generates rights, both constitutional and civil, criminal and in all respects. Therefore, we took as sample four practical cases in which the motivation of the administrators of justice was analyzed, but above all the way in which it was proved that the act meets all the solemnities stipulated by law. As a result of this analysis, it was proven that it demonstrated in legality and due form that an act is vitiated by the consequence, which is the option to accept and let pass the act of recognition of paternity. the flaw in the law determines that the act is totally illegitimate |
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