Extinción del Derecho de Alimentos: Un análisis desde el principio de Igualdad

This curricular integration project aimed to determine whether, in the process of extinguishing child support obligations in Ecuador, a violation of the principle of equality before the law occurs when the alimentary obligor has not previously appeared for their own rights. To address this issue, th...

وصف كامل

محفوظ في:
التفاصيل البيبلوغرافية
المؤلف الرئيسي: González Calderón, Hermel Ruperto (author)
التنسيق: bachelorThesis
اللغة:spa
منشور في: 2024
الموضوعات:
الوصول للمادة أونلاين:https://dspace.unl.edu.ec/jspui/handle/123456789/30931
الوسوم: إضافة وسم
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الوصف
الملخص:This curricular integration project aimed to determine whether, in the process of extinguishing child support obligations in Ecuador, a violation of the principle of equality before the law occurs when the alimentary obligor has not previously appeared for their own rights. To address this issue, the project subjectively proposed the possibility of streamlining the extinction process through digital mechanisms to avoid unnecessary expenses. To achieve the proposed objectives, the project employed a methodology that included inductive, descriptive, analytical, and exegetical methods, along with a qualitative approach. Additionally, descriptive and cross- sectional research was utilized. Techniques such as theoretical-documentary collection and interviews were applied, which proved beneficial for gathering various perspectives from the stakeholders involved in the child support extinction process. The results provided relevant information on the research topic, revealing a violation of the principle of equality between adults in similar conditions (obligor and beneficiary). It was concluded that reforming the child support extinction law is necessary to uphold the constitutional principle of equality and non- discrimination. This reform would enhance equity, in line with the laws governing the legal system of the State, suggesting that the alimentary obligation should automatically terminate when the beneficiary reaches the age of 21. This change would also help reduce the procedural burden on the current judicial system.