La Pensión Provisional de Alimentos y; la Filiación para la Declaración de la Paternidad mediante Prueba de ADN

This thesis includes a detailed study on the problems of research it brings in relation to the misapplication of the provisional alimony because violates the constitutional provision in particular the right to defense and constitutional guarantees, since these rights and guarantees are indispensable elements in a judicial process, as it allows the defendant to be present in all the characteristics of a trial proceedings, the same is intended to contradict and be heard on an equal basis otherwise they would affect this constitutional principle. In this regard the Constitution of the Republic of Ecuador in its article 11 paragraph 2 tells us that all people are equal and enjoy the same rights obligations and opportunities, and Article 76 paragraph 7 recognizes the right of persons to defense; and in subparagraphs a) and C) provides that no person may be deprived of their right to legitimate defense, and the right to heard at the appropriate time on an equal footing. constitutional rights are violated in the procedure laid down in the amendments to Organic Code of Children and Adolescents of Ecuador in their numbered article 9 (134) which states that in order for acceptance for processing provisional pension in favor of the obligor to notice, not counting with the participation of the defendant so that it can perform its defense in order to forewarn their rights; so many women in the best are left with the fixed feed provisional pension, leaving accumulate them for a determined effect of making effective the same with an order personal pressure in such circumstances time the violation occurs legitimate constitutional right to defense the defendant produces the same effect of the rule unconstitutional because it violates fundamental rights of individuals. Reference to the provisional alimony should be done first ADN test because this test will give security to the alleged father to determine filiation later safely provide any support legally the child.

• Հիմնական հեղինակ: Salazar Erazo, Johnson Fernando (author)
• Ձևաչափ: bachelorThesis
• Լեզու: spa
• Հրապարակվել է: 2016
• Խորագրեր: DERECHO; PENSION PROVISIONAL DE ALIMENTOS; FILIACIÒN PARA LA DECLARACIÒN DE LA PATERNIDAD MEDIANTE DE ADN; ADN
• Առցանց հասանելիություն: http://dspace.unl.edu.ec/jspui/handle/123456789/17493