ESTUDIO DE LA INSTITUCIÓN DEL MATRIMONIO EN EL ECUADOR, PARA INCORPORAR EN LAS SOLEMNIDADES ESENCIALES, EL CERTIFICADO MÉDICO DE LOS CONTRAYENTES PARA GARANTIZAR LA SALUD DE LOS DESCENDIENTES

This thesis of degree is about the title: " STUDY OF THE INSTITUTION OF MARRIAGE IN ECUADOR, TO INCORPORATE IN THE ESSENTIAL SOLEMNITIES, THE MEDICAL CERTIFICATE OF THE CONTRAYENTS TO GUARANTEE THE HEALTH OF THE DESCENDANTS ", and the legal problem is framed in the analysis made to the Nat...

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Hlavní autor: Macas Yanza, Nathaly Silvana (author)
Médium: bachelorThesis
Jazyk:spa
Vydáno: 2019
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On-line přístup:http://dspace.unl.edu.ec/jspui/handle/123456789/22186
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Shrnutí:This thesis of degree is about the title: " STUDY OF THE INSTITUTION OF MARRIAGE IN ECUADOR, TO INCORPORATE IN THE ESSENTIAL SOLEMNITIES, THE MEDICAL CERTIFICATE OF THE CONTRAYENTS TO GUARANTEE THE HEALTH OF THE DESCENDANTS ", and the legal problem is framed in the analysis made to the National Civil Legislation, regarding Article 102 of the Ecuadorian Civil Code where the essential solemnities for marriage are determined, not being regulated that prior to the celebration of the marriage the contracting parties are valued by a health professional which issue a medical certificate indicating the state of health of both people who are going to join in marriage, not in order to discriminate against any of them for their health condition, but for precautionary and ensure that the future offspring that will be born of that marriage has a good health cycle and later avoid that both spouses and children become prone to psychological traumas that can further damage their health, as well as to avoid economic expenses for the treatment of the illness that may trigger in their descendant; therefore it must be regulated that the contracting parties are valued by means of a medical certificate, which will prevent them from suffering from contagious diseases in the new home that harm their children, given that when the family suffers from some diseases there is poverty, poor quality of life and above all the permanent need within the home, demonstrating the violation of rights and constitutional principles such as health, freedom to decide on their health and the rights of members of 5 The family, this as a fundamental guarantee of the new Constitutional State of Rights and Justice. Hence, the problem posed in order to ensure the physical, psychological, moral and sexual development to promote a healthy family, productive and allowing progress in the Ecuadorian State. The theoretical and field work of this thesis has allowed me to obtain criteria, with clear and precise foundations, of highly recognized bibliography, which contributed to the verification of objectives, and testing of hypotheses, allowing to support the changes to the Civil Code of the Ecuador, prior to guaranteeing the legal regime of marriage, to guarantee the union of couples, heritage, solidarity, company and the happiness of the entire community. Finally, I conclude with the proposal of a legal proposal to reform the Civil Code, according to the current social reality, aimed at respecting the constitutional mandates, being the rights to health, to freely decide on health and reproductive life, and protection of the members of the family the governing pillars of the new Constitutional State of Rights and Justice.