REFORMAR EL ART. INNUMERADO 8 DEL TÍTULO V, DEL LIBRO II DE LA LEY REFORMATORIA AL CÓDIGO ORGÁNICO DE LA NIÑEZ Y ADOLESCENCIA, EN RELACIÓN A QUE LA PENSIÓN DE ALIMENTOS SE DEBA DESDE LA CITACIÓN DEL DEMANDADO
Art. 8 unnumbered Reform Act Title V, Book II of the Code of Childhood and Adolescence provides that maintenance payments must be from the filing of the application. The increase is due from the presentation of the incident, its reduction is payable only from the date of resolution wl judge issuing...
Wedi'i Gadw mewn:
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| Fformat: | bachelorThesis |
| Iaith: | spa |
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2016
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| Pynciau: | |
| Mynediad Ar-lein: | http://dspace.unl.edu.ec/jspui/handle/123456789/12339 |
| Tagiau: |
Ychwanegu Tag
Dim Tagiau, Byddwch y cyntaf i dagio'r cofnod hwn!
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Ychwanegu Tag | Crynodeb: | Art. 8 unnumbered Reform Act Title V, Book II of the Code of Childhood and Adolescence provides that maintenance payments must be from the filing of the application. The increase is due from the presentation of the incident, its reduction is payable only from the date of resolution wl judge issuing the statement. Pension prior to the Reform Act was different, when he said that was due from the citation with demand. If maintenance payments due from the filing of the complaint, we consider causing helplessness the defendant, because you can find out about the presentation of the plaintiff, after a few months with the summons to the demand situation that may occur due to lack of office, which takes away the right of defense to present the fundamentals believed assisted and replicate the arguments of the other parties, a fact that causes legal uncertainty, since the rules must be accurate, clear, consistent and applicable to the authorities competent. If the defendant should food from the filing of the application, with the passage of time causes acumulación de pensions, entitling the plaintiff to request the use of injunctions as personal urgency, as precludes the right of the defense in this stage or degree of procedure, contradiction and lack of equal conditions to present actions and defend it. 5 The Constitution of the Republic of Ecuador, protects children as focus group, and as higher principle of the child, and it regulates the Code for Children and Adolescents, is evidence that the judge may impose a provisional pension to the feed, but that does not take away the right of defense to the defendant, which must be a balancing of rights because it was recognized by Ecuador as a constitutional State of rights and justice, people can not be defenseless, therefore, the food trial judge states that the maintenance payments due from the subpoena to demand, giving the defendant the opportunity to present actions that create attended and refute those considered are against. In the process it coexists playing field, in which the actor can present the actions it deems attended and the defendant, to be cited entitles you to present your defense, so it is not feasible for food due from the presentation of the demand as a prosecution need of contradiction and this is true from the subpoena to demand, to thereby ensure be heard at the appropriate time as a level playing field. |
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