Necesidad de incrementar un inciso en el articulo innumerado 9 de la ley reformatoria al código de la niñez y adolescencia con la finalidad de regularizar y controlar los apremios personales en las demandas de alimentos con presuncion de paternidad.

This research work entitled "Need to increase a subsection in Article 9 of the unnumbered Reform Act to the Code of Children and Adolescents in order to regulate and control the personal constraints on the demand for food with presumption of paternity." The right to defense is a Constituti...

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Bibliográfalaš dieđut
Váldodahkki: Zambrano Garcia, Henrry Patricio (author)
Materiálatiipa: bachelorThesis
Giella:spa
Almmustuhtton: 2014
Liŋkkat:http://dspace.unl.edu.ec/jspui/handle/123456789/16189
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Čoahkkáigeassu:This research work entitled "Need to increase a subsection in Article 9 of the unnumbered Reform Act to the Code of Children and Adolescents in order to regulate and control the personal constraints on the demand for food with presumption of paternity." The right to defense is a Constitutional right duly enshrined in the Constitution of the Republic and in international treaties; however there are many regulations and rights guaranteed in the Constitution to protect the best interests of children and adolescents among others, the demands of foods declaration of paternity in which qualifies the judge and demand the same pension is fixed provisional thereof which is payable on submission of the application and in which the judge may order the completion of DNA testing , of course provided they cite the defendant , and that in many cases these DNA tests , conducted in the prosecution General state take approximately 8-10 months and sometimes spend the year because there is no law that regulates and controls , ie drinking set term for these results are submitted and to punish those who delay and delivered to time applicants to the courts or judicial units and for the delay of these results are defendants in a legal vacuum , having no certainty of being the biological father before the ballot urgency, delay is issued on the results of DNA which makes the food demanded by presumption of paternity , not canceled a single duded of whether or not the parents of the food , the plaintiffs request the ballot of urgency as what is stated in Article 22 of the law unnumbered of matter non-payment of two or more pensions ballot constraint is granted , and the departure of defendant, who sometimes have to flee for having learned there against ballot distrait or are unconstitutionally detained by presumption is prohibited as paternity has not obtained confirmation or certainty that they are the biological parents through DNA results. Ballots of urgency by the defendant for judgments foods presumption of paternity is unfairly completely defenseless without recourse to anybody who can give you some output or legal aid, and that since the interests of the child and be special law, food debt is the only debt that our Constitution allows this precautionary measure is always personal urgency as there issued the request of a party. For this reason it is essential to make this work socio legal research in which a detailed analysis is set to increase by unnumbered paragraph in Article 9 of the Code of Childhood and Adolescence, since from all conceptually, legally and doctrinaire; the urgency swirled ballot pursuant to art. 22 unnumbered without paternity by DNA retardation results have been scientifically proven is unconstitutional because there is no test result, therefore there is no certainty that the defendant is the biological father.