Eficacia y conocimiento jurídico de la unión de hecho y la partición de bienes por su disolución, en grupos étnicos.
This Curricular Integration Work is entitled “Effectiveness and legal knowledge of the de facto union and the partition of assets due to its dissolution, in ethnic groups” and the general interest of this research arises from experiences visualized within some ethnic groups of Canton Nangaritza, on...
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| 格式: | bachelorThesis |
| 語言: | spa |
| 出版: |
2024
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| 主題: | |
| 在線閱讀: | https://dspace.unl.edu.ec/jspui/handle/123456789/29889 |
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添加標簽 | 總結: | This Curricular Integration Work is entitled “Effectiveness and legal knowledge of the de facto union and the partition of assets due to its dissolution, in ethnic groups” and the general interest of this research arises from experiences visualized within some ethnic groups of Canton Nangaritza, on the state of defenselessness and violation of property rights between spouses at the time of termination of the de facto union, This is mainly due to ignorance of the ordinary legal regulations due to different factors that hinder the dissemination of knowledge, since in theory the law is established and guarantees the full exercise of property rights in a fair manner, being applicable to all Ecuadorians without any restrictions other than their own will to be governed by the indigenous justice system, in the case of ethnic groups. This fact is mainly visualized in the social reality of the ancestral peoples and nationalities, who are governed by their own ideals and customs to resolve and impart justice through their leaders, regulations and community statutes, thus exercising the jurisdictional guarantees that the State recognizes to these population groups; however, this autonomous or independent justice, evidently harms interests and rights constituted and guaranteed by our Constitution. The inequity that occurs in the distribution of assets at the time of termination of the de facto union, generates serious harmful effects for the development of people, since their methods are not the most suitable when making decisions based on the principle of equality, equity, legal certainty and the right to property. In this Curricular Integration Work, various materials, methods and techniques were used to facilitate its development. Surveys and interviews were conducted with legal professionals, public officials and trustees or representatives of the Shuar and Saraguro peoples and nationalities, all belonging to the Nangaritza canton. The results were used to formulate guidelines for proposals. The objective of these guidelines is to ensure the dissemination of legal normative knowledge about common-law unions and property partition, and its application, to guarantee the exercise of conjugal and patrimonial rights. These rights in the course of time, in the cultures and ancestral communities, have not been properly protected, and it is considered an elementary duty of the State to fight for the realization of these rights and constitutional guarantees that aim at the development and good living or Sumak kawsay of every person. |
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