Consecuencias jurídicas de la prohibición de salida del país en la primera providencia en el juicio de alimentos, señalada en el art. Innumerado 25 de la ley reformatoria al título v libro ii del Código de la niñez y adolescencia
The Art. 25 unnumbered the Reform Act Title V Book II of the Code of Childhood and Adolescence establishes "A petition, in the first step, the judge shall order without notice prohibited from leaving the country, which shall be communicated immediately to the National Migration " This is a...
Spremljeno u:
| Glavni autor: | |
|---|---|
| Format: | bachelorThesis |
| Jezik: | spa |
| Izdano: |
2015
|
| Teme: | |
| Online pristup: | http://dspace.unl.edu.ec/jspui/handle/123456789/10628 |
| Oznake: |
Dodaj oznaku
Bez oznaka, Budi prvi tko označuje ovaj zapis!
|
Dodaj oznaku | Sažetak: | The Art. 25 unnumbered the Reform Act Title V Book II of the Code of Childhood and Adolescence establishes "A petition, in the first step, the judge shall order without notice prohibited from leaving the country, which shall be communicated immediately to the National Migration " This is a precautionary measure, in which the defendant can avoid responsibility, but it is the case, the defendant in the first providence will meet the claims of the plaintiff, which is always the mother on behalf of the child in court food, which is not liable to pay the maintenance obligations, which in a first step a provisional pension is established. Moreover many or some of the people traveling abroad, not in order to evade responsibility, but on their work situation are forced to travel abroad, and people realize they can not go out to meet a ban to leave the country, greatly damaging to the defendant. The extent specified in Art becomes illegal. Unnumbered 25 the Reform Act Title V Book II of the Code of Childhood and Adolescence, the judge can decree a first step parte prohibited from leaving the country, let alone when there are people whose job situation should leave but can not do so because it has been decreed a measure of personal character, because it still speaks of providing food, there is no breach of alimony arrears, and not justify the forced wants evade responsibility, thereby violating the guarantees of due process indicated in Art. 76 of the Constitution of the Republic of Ecuador, such as the presumption of innocence, the right of defense of the defendant have the time and media suitable for the preparation of his defense, and the right of freedom to travel freely throughout the country indicated in Art. 66 Clause 14 of the Constitution of the Republic of Ecuador. |
|---|