La irrevocabilidad del reconocimiento voluntario de paternidad cuando una persona reconoce a un niño creyendo que es su hijo biológico y en lo posterior se demuestra que no lo es, vulnera derechos legales y constitucionales
This research work that is presented under the modality of the thesis, arises from the interest of studying voluntary recognition as it is the way in which the paternity of an extramarital child is recognized, however, the Ecuadorian articles referring to this legal figure are outdated and with shor...
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| Формат: | bachelorThesis |
| Мова: | spa |
| Опубліковано: |
2020
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| Предмети: | |
| Онлайн доступ: | https://dspace.unl.edu.ec/jspui/handle/123456789/23629 |
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Додати тег | Резюме: | This research work that is presented under the modality of the thesis, arises from the interest of studying voluntary recognition as it is the way in which the paternity of an extramarital child is recognized, however, the Ecuadorian articles referring to this legal figure are outdated and with shortcomings, which make it difficult for judicial servants to interpret the rule. The normative body of the Civil Code is not conclusive when it comes to the provisions for voluntary recognition, because it clearly leaves open the possibility that it may be misinterpreted by those in charge of assisting in, or granting, voluntary recognition. This causes that the person who, due to ignorance of the biological reality of the minor with respect to the recognized person at the time of the legal act, recognized a child who is not a biological child, when he / she believed to be a biological child, cannot undo, challenge or revoke that act legal; and, as the aforementioned norm is ambiguous in this area, this recognition is normally formalized despite the fact that the Civil Code itself indicates that the only ones who can recognize through this legal act are the parents of the minor. This produces that constitutional rights, such as the identity of the child, and the right to honor and good name of the recognized, are violated; As is known, these rights, in addition to being prescribed in the Constitution, have a universal character, and must be guaranteed and applied over any rule that seeks to infringe them. It is evident the need to reform the articles related to the voluntary recognition of the Civil Code, in the sense that the recognizer is allowed to request revocation, by any means, of the voluntary recognition made to children who have not been biological children, in order to guarantee the rights that are being violated today by those involved in this legal act. |
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