Las causales 2 y 5 de divorcio como fuentes generadoras de indemnización civil por los daños al cónyuge inocente
In this paper entitled: "The grounds 2 and 5 of divorce as generators of civil compensation for damage to innocent spouse" emerges as the result of studying such a fundamental institution for our society as it is marriage and rights They detach it even later to divorce. I then mean those r...
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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/123456789/17627 |
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| Summary: | In this paper entitled: "The grounds 2 and 5 of divorce as generators of civil compensation for damage to innocent spouse" emerges as the result of studying such a fundamental institution for our society as it is marriage and rights They detach it even later to divorce. I then mean those rights as personal integrity, which are constantly violated, and that even supposed grounds for divorce, yet despite this, they have not been considered as generators of compensation or compensation, even though they are made checked and nothing would delay the processed already established. Thus we find that when the grounds for divorce established in paragraphs 2 and 5 of Art is analyzed. 110 of the Civil Code, which refers to cruel or violence against women or members of the family and attempt one spouse against the other's life, obviously acts that violate the right to personal integrity of each individual, rights previously recognized by our Constitution, at no time compensation or compensation equivalent to the damage caused to them is established. With this background is that then initiates a directed study to expand knowledge of the evolution of marriage and divorce, with a major emphasis on the grounds that the latter have been established and the consequences of it with respect to detach the ex-spouses. all existing relevant legislation is the same analyzes as well in our country both contained in our Constitution and in the respective Civil Code, in order to conduct a comparative study with the standards of countries like Mexico, Chile, Peru, Argentina and Colombia, standards like that on this occasion they have criminalized. Thus, once it collected several doctrinaire criteria and analyzed some standards, it allowed me to make surveys and interviews were applied to a professional group that was able to enrich me with their knowledge and reasoning on the subject, in order to contrast my own ideas with those of a population sample that reflects its possible application in our local reality. Finally, with this theoretical and practical contrast, the present work with the realization of conclusions and specific recommendations and a proposed reform represents the conscious study of our own social and legal reality of our country culminates. |
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