Necesidad de Reformar el Art. 118 del Código de la Niñez y la Adolescencia respecto a que el menor tenga la tenencia compartida, para de esa manera ayudar al desarrollo integral de su personalidad en un marco de equidad y libertad.

The holding is not a patrimonial right, but it is a right that one of the parents can give in favor of the other one, only in the cases that it establishes the law. The holding is a family institution that is instituted when the parents are separated in fact or of right, with the purpose of settling down with the one who the children stay and also to establish the régime of visits for the father that didn't obtain the holding. The boy's superior interest represents its recognition like person, the acceptance of its necessities and the defense of the rights of who cannot exercise them for itself. This means that it will be in their interest all action or measure that it spreads to respect in an effective way their rights. This guideline completes a function proofreader and integrative of the legal norms, being constituted in rule of decision before a conflict of interests and in approach for the institutional intervention dedicated to protect the boy Diverse studies, like we will see, they have demonstrated that the deforestation of the forests is at the present time one of the biggest problems that goes bound to the decrease of the water as well as to the destruction of the medioambiente. Concerning the Right of Family, the legislative modification to investigate and to implement in the legislation like it is the Shared Holding, it is in my opinion, one of the most important in this specialty. The reason of their suitability and of their necessity, but before, it is necessary to point out that it is a paradigm change, of traffic of the resistance to the viraje and of the conservatism to ultranza, to open the way to new and modern tendencies in the Right, capturing in the positive norm an aspect that in a categorical way, it adds or it adds, to what we had already in our Code of the Children, as simple as this: two are more than one. A son that is created between two, should be educated between two. At the same informed time of the problem that causes the unique holding to the minor and that it affects directly to the minor integral development and mainly to their rights. The State had created legal bodies with the purpose of precautelar the such minor rights as: the Constitution of the Republic, The Code of the Childhood and Adolescence and other related laws; likewise it has created institutions of character I publish like it is the Ministry of social and economic Inclusion, The Cantonal Meeting of the Childhood and Tribunals of the Childhood whose objective is to take care of the rights of the children and adolecentes since the minor he/she is the present of our homeland and people who managed the development of a country. From my point of view I believe that the authorities don't fulfill to cabalidad the functions commended in to take care and to protect the rights of the smallest overalls that the established sanctions are not enough strict as to brake this type of actions and infractions to the rights of the children. For it is necessary that in our legislation the minor shared holding exists, for in that way to guarantee in general form the minor rights and to make complete to cabalidad the obligations and the parents' rights.

• Auteur principal: Martínez Martínez, Ramón Patricio (author)
• Format: bachelorThesis
• Langue: spa
• Publié: 2013
• Sujets: DERECHO; NECESIDAD DE REFORMAR; Art. 118 del Código de la Niñez y la Adolescencia; menor tenga la tenencia compartida
• Accès en ligne: http://dspace.unl.edu.ec/jspui/handle/123456789/20260