Es necesario reformar el código de la niñez y adolescencia, en lo referente a las pensiones alimenticias, incorporando disposiciones que establezcan que las pensiones alimenticias que superen el sueldo mínimo unificado de los trabajadores en general, el excedente sea depositado en una cuenta de ahorros a nombre del menor

This legal research falls within the academic issue of Food Law, in particular the Code of Childhood and Adolescence, research that meets the relevant requirements of the Rules of Academic System of the National University of Loja, which regulates the legal relevance of the research study of aspects...

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Збережено в:
Бібліографічні деталі
Автор: Ramírez Asanza, Hugo Jovany (author)
Формат: bachelorThesis
Мова:spa
Опубліковано: 2014
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Онлайн доступ:http://dspace.unl.edu.ec/jspui/handle/123456789/16190
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Резюме:This legal research falls within the academic issue of Food Law, in particular the Code of Childhood and Adolescence, research that meets the relevant requirements of the Rules of Academic System of the National University of Loja, which regulates the legal relevance of the research study of aspects inherent in the materials of positive law, to opt for a law degree from the Courts of the Republic of Ecuador. It also seeks to demonstrate the need to establish the necessary effective protection of the state towards minors, children and adolescents who receive alimony in amounts exceed basic salary unified workers in general so that the surplus exceeding that amount of basic pay is deposited in a savings account, for which the corresponding savings book, which will serve as pension surplus fund to be removed when the child reaches his majority will open. The problem on which this research focuses, is related to the surplus exceeding the unified basic pay of workers in general. The rights of children and adolescents are recognized worldwide by the Declaration of the Rights of the Child and the Convention on the Rights of the Child. So our Constitution has also been decided to establish its articles such protection, since children and adolescents are a priority group for the state. In addition, other factors have also contributed to this group deserves special attention from the government, such as migration, child exploitation, physical abuse and verbal. So it is necessary to reform the Code of Children and Adolescents, incorporating provisions allowing excess alimony beyond the level of a unified basic salary shall be deposited in a savings account in the name of food less so with a fund that will serve them for when the child reaches the age of majority is formed. The problem is that no alimony for instance, is four hundred American dollars, the surplus is at present sixty dollars, this item is deposited in a special account in the name of Retail, which will open the corresponding account, otherwise, and that's the problem, there are cases in which parents, curators, or who have received these values alimony spend all without establishing a remnant to help address future needs of the child, then the purpose reform is to protect the economic interests of children receiving child support. This paper begins with analyzing the case of maintenance from the conceptual framework of what the alimony, their legal and social base, the pension system in Ecuador and Comparative Law, the law analysis Organic food in Childhood Adolescence Code, the Civil Code and other related laws, the doctrinal framework of the foods that are required by law, concluding with a proposal to reform the alimony system in the case of pension exceed the amount of a unified basic pay.