El apremio personal por mora en el pago de pensiones alimenticias de padres para niños, niñas y adolescentes en el Ecuador.
The present investigation entitled "Personal Injunction for Delinquency in the Payment of Alimony of Parents for Children and Adolescents in Ecuador", is focused on the procedure that the Judges of the Family, Women, Childhood and Adolescence Units take when issuing a personal injunction o...
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| Materialtyp: | bachelorThesis |
| Språk: | spa |
| Publicerad: |
2022
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| Ämnen: | |
| Länkar: | https://dspace.unl.edu.ec/jspui/handle/123456789/25775 |
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| Sammanfattning: | The present investigation entitled "Personal Injunction for Delinquency in the Payment of Alimony of Parents for Children and Adolescents in Ecuador", is focused on the procedure that the Judges of the Family, Women, Childhood and Adolescence Units take when issuing a personal injunction order as a coercive measure against the provider who has not complied with the payment of his obligation. It is clearly analyzed that there is a violation of fundamental rights in favor of the provider by restricting his right to freedom, right to work and the opportunity to generate income and thus fully comply with the pensions filed, it is important to emphasize that this problem also falls on the fed by not receiving income from his parent, This generates a discussion on the violation of the best interests of children and adolescents in relation to the form of payment of alimony owed, within the framework of our Constitution, the Code of Childhood and Adolescence and the General Organic Code of Processes of our country, taking into account that the rights of those who are in a vulnerable group and of priority attention for the state are violated. It is appropriate to establish alternative measures that guarantee the payment of alimony, as well as clear, equitable and fair rules to ensure that due process has been respected by all those involved in this judicial process. The investigation and subsequent analysis, with techniques and methods of legal research will seek to define an intermediate point, and generate a proposal, which will serve as a reference tool for the judge at the time of following the procedure. |
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