INCORPORACIÓN DE UNA TABLA DE PENSIONES ALIMENTICIAS EN BENEFICIO DE LOS ADULTOS MAYORES RESPECTO A LA SITUACIÓN ECONÓMICA DEL BENEFICIARIO.

The present thesis entitled "Incorporation of a table of alimony benefits for the Elderly, with respect to the economic situation of the beneficiary", exposes the final report of the whole research process carried out in order to study the different obligations of the State to guarantee the fulfillment of the rights of Ecuadorian citizens as indicated by the Constitution of the Republic of Ecuador; specifically on the Right to Alimony of the Elderly and all the aspects to be considered in its fulfillment. This research process initially required an analysis of the country's supreme legal norm, the Constitution of the Republic of Ecuador, which in Article 36 states that the elderly will receive priority attention in both the public and private spheres. This means that the norms established in infra-constitutional legal frameworks and legislative proposals must always prioritize the care of the elderly. Therefore, in the year 2019, as part of the protection of the rights of the country's senile demographics, the Organic Law on the Elderly was established in order to determine the factors necessary for the survival of this priority group. Thus, within such rights is the Right to Alimony of the Elderly, which aims to meet their basic needs and provide a life in conditions of equality in case the elderly lack economic resources that allow them to subsist on their own. The Organic Law on Older Persons in its articles 28 and 31, establish that the persons obliged to provide maintenance to older adults who require it are those relatives in the first degree of consanguinity as spouses and children, who will have the direct obligation to provide a monthly monetary amount determined according to the healthy criticism of the family judges who will sustain their resolutions based on the table of maintenance issued by the national authority of economic and social inclusion. 15 However, despite the provisions of the above-mentioned articles, the research analysis showed that the table of alimony used for the regulation of alimony for the elderly at present has not yet been issued by the national authority for economic and social inclusion, which leads the judges in charge to base their decisions on the table of minimum alimony in accordance with the Code for Children and Adolescents. On the other hand, the omission of the table of alimony specific to the older adult, causes that the patrimony and capacity of work of the alimony is not considered with exactitude, which makes difficult the decision of the judge at the moment of determining the minimum value of the alimony, without repercussions in the own subsistence of the defendant nor in the one of the plaintiff. Thus, this work through conceptual, doctrinal and legal research seeks to understand the legal problems contained in the Organic Law of the Elderly regarding alimony, and seeks to find a solution through the application of different methods and techniques such as surveys and interviews conducted with legal professionals. Finally, the result of the entire research process showed the feasibility and acceptance of formulating a legal proposal for reform that incorporates into the Organic Law of the Elderly, an addition that contemplates the table of alimony the necessary aspects of the elderly.

• Autor Principal: Capa Condoy, Estefania Carolina (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2021
• Subjects: DERECHO; PENSIONES ALIMENTICIAS; ADULTOS MAYORES
• Acceso en liña: https://dspace.unl.edu.ec/jspui/handle/123456789/23879