Necesidad de reformar el título vii numeral 4 del artículo 233.a, del código civil Ecuatoriano, con respecto al plazo para impugnar la paternidad

The family is the fundamental cell of society and the natural and necessary for the protection of the rights canal and the integral development of each of its members why must receive the support and protection of the State for the purpose of each its members can fully exercise their rights and fulfill their obligations. The Constitution, in Article 69 states: "To protect the rights of family members of persons: 1. responsible parenthood be promoted; mother and father are obliged to care, upbringing, education, food, integral development and protection of the rights of their children, especially when they are separated from them for any reason. 2. indefeasible family property in the amount and the conditions and limitations established by law is recognized. It guarantees the right to bequeath and inherit. 3. The State shall guarantee equal rights in decision making for the administration of the conjugal society and society of goods. 4. The State shall protect mothers, fathers and who are male and female heads of household in the exercise of their duties, and pay special attention to families dispersed for whatever reason. 5. The State shall promote maternal and paternal responsibility and monitor the implementation of the reciprocal rights and duties between mothers, fathers, daughters and sons. 6. daughters and sons have equal rights regardless of filiation or adoption. No statement is required on the quality of affiliation at the time of birth registration, and no identification will refer to it. " Likewise, the Civil Code, Article 24 states: "filiation is established, and the corresponding parenthood: a) By the fact of having been conceived a person within the true or putative marriage of their parents, or in a union, stable and monogamous legally recognized; b) it has been voluntarily recognized by the parent, or both, in the absence of marriage between them; Y, c) he has been judicially declared son of certain parent. ". Article 233rd of the same Act states: "The action contesting paternity or maternity may be exercised by: 1. Who true parent is sought. 2. The child. 3. consisting legally registered as a parent whose affiliation challenges. 4. Persons to whom paternity or maternity challengeable harm their rights in the succession of legally listed as a parent. In this case, the time limit for contesting be one hundred and eighty days after the death of a parent. " For all the above, it is imperative to make an amendment to paragraph 4 of Article 233 A of that code, as people whom paternity or challengeable maternity harm their rights to the succession of legally listed as a parent, they can claim this right and there is no deadline to challenge.

• Tác giả chính: Veintimilla Villavicencio, Juan Pablo (author)
• Định dạng: bachelorThesis
• Ngôn ngữ: spa
• Được phát hành: 2016
• Những chủ đề: DERECHO; REFORMAR EL TÍTULO VII NUMERAL 4; ARTÍCULO 233; IMPUGNAR LA PATERNIDAD
• Truy cập trực tuyến: http://dspace.unl.edu.ec/jspui/handle/123456789/16345