La exclusión de los bienes a la liquidación de la sociedad conyugal determinadas en el art. 116 del Código Civil por la causal de separación con ruptura de relaciones conyugales. necesidad de reforma

The present juridical, previous work of investigation of character the obtaining of Lawyer's Title, is remitted to the realization of an analysis, study and exhaustive understanding with respect to the excluded goods of the liquidation of the married society, he/she stays the acquired goods dur...

Бүрэн тодорхойлолт

-д хадгалсан:
Номзүйн дэлгэрэнгүй
Үндсэн зохиолч: Flores Vera, Víctor Santiago (author)
Формат: bachelorThesis
Хэл сонгох:spa
Хэвлэсэн: 2015
Нөхцлүүд:
Онлайн хандалт:http://dspace.unl.edu.ec/jspui/handle/123456789/8667
Шошгууд: Шошго нэмэх
Шошго байхгүй, Энэхүү баримтыг шошголох эхний хүн болох!
Тодорхойлолт
Тойм:The present juridical, previous work of investigation of character the obtaining of Lawyer's Title, is remitted to the realization of an analysis, study and exhaustive understanding with respect to the excluded goods of the liquidation of the married society, he/she stays the acquired goods during the exclusive work of the society; but he/she doesn't stay the acquisitions for another title and the intervention is not recognized the spouse when the divorce takes place for the abandonment of the home. But this exclusion of the liquidation of the goods of the married society, they are not considered others of more offense for the innocent spouse, like in the reality it exists and he/she has been proven the specific case of tentative of one of the spouses against the life of the other one as author or accomplice, in spite of it the spouse that I participate in this act is entitled to participate of the goods that he has acquired if it has not been for his exclusive work, to participate of the interests of the leases of a house, the sale of the art objects, or any other participation, with this a great injustice is evidenced as for the right to participate in the goods of the breakup of the married society. The theoretical work and of field of the present thesis it allowed me to obtain approaches, with clear and precise basicses on the legal norms that protect the rights of the spouses when he/she has been carried out the breakup of the married society, exclusively that specified in the article 116 of the Civil Ecuadorian Code that he/she refers that in the breakup of the married society for the causal of separation with rupture of married relationships, for the liquidation of the married society they won't take into account the goods that the wronged spouse had acquired, with his exclusive work, because, in this case, this acquisitions will be considered as such a spouse's personal patrimony. The employment of the bibliography allowed me the verification of the objectives and contrasted of the hypothesis, allowing supporting the reformation outlined to the Civil Code, specifically in the article 116, regarding the liquidation of the married society, for the causal of separation with rupture of married relationships. The content of the present thesis is an intellectual effort of the postulating one in the scientific and methodological environment that approaches empiric and scientifically the limitation of the civil right, as for the existent limitations in the liquidation of goods inside the breakup of the married society for the causal of separation with rupture of married relationships. The present investigation is governed to that prepared by the Regulation of Academic Régime of the National University of Loja, the same one that has been properly based, beginning with the approval of the thesis report whose results introduce them in the interpretation and analysis of the application of the surveys and interviews with its respective discussion that is structured with the verification of the objectives, the contrasted of the hypothesis and the juridical and doctrinal approaches and of opinion that you/they base the Proposal of outlined Reformation; for subsequently to expose the Conclusions and Recommendations evidenced in the final report of the thesis work, to arrive finally to the presentation from the proposal of legal reformation to the Civil Ecuadorian Code concretely to the article 116