De los obligados subsidiarios según el Código de la Niñez y Adolescencia y la exoneración subsidiaridad al parentesco por ascendencia
This research aims to address a social problem and a human drama present every day in Ecuadorian society: alimony claims by single mothers to cases parents do not want to assume its moral and economic responsibility. These are national interest issues that generate high media impact in Ecuadorian so...
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado: |
2016
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| Subjects: | |
| Acceso en liña: | http://dspace.unl.edu.ec/jspui/handle/123456789/12570 |
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| Summary: | This research aims to address a social problem and a human drama present every day in Ecuadorian society: alimony claims by single mothers to cases parents do not want to assume its moral and economic responsibility. These are national interest issues that generate high media impact in Ecuadorian society, which probably resulted in great pressure to legislators who created the Code for Children and Adolescents law that while "overprotected" in an exaggerated way rights children and people in need of food, to the detriment of the rights of the other people involved, undermining their right to defense or even justice. This is the case of the subsidiary required to maintenance in the Code of Childhood and Adolescence, which, among others, are the vertical ascendant in the second degree of consanguinity of the feed, that is to say, his grandparents, who, without knowing that may have a grandson, they are unfairly involved in a subsidiary way to pay alimony in favor of a supposed grandson who may not know. The worst thing about this problem is that if the father did not cancel powered alimony to his son, were his parents who had to do it, but if they do not canceling the pension, staff suffered pressure and had to stop to go to a 5 rehabilitation center social. That led to many arrests grandparents had any liability to the obligor and suffering the consequences of the irresponsibility of their children. Fortunately this precautionary measure of a personal nature was already revoked, however, even the grandparents fed remain the subsidiary required to pay alimony, which means that without having the guilt of what he did a third, have to face trials food, with all the emotional and economic attrition that represents. The present research is focused on trying to achieve through legal reform subsidiary of food required by kinship pensions that are SENIORS, are exonerated of this subsidiarity by the fact that, given his age, deserve to spend their last days in peace and not unjustly facing trials for which they are not prepared physically or mentally. |
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