Necesidad de reformar el numeral 4 del artículo 332 del código orgánico general de procesos, con el fin de precautelar los derechos de los menores, en caso de divorcio contencioso

The Constitution of the Republic of Ecuador, Article 45 states: "The children and adolescents enjoy the common rights of human beings, in addition to the specifics of their age. The State recognizes and guarantees life, including the care and protection from conception. The children and adolescents have the right to physical and mental integrity; his identity, name and citizenship; to comprehensive health and nutrition; education and culture, sport and recreation; social security; to have a family and enjoy family and community life; social participation; to respect for their freedom and dignity; to be consulted in matters affecting them; to educate a priority in their own language and cultural contexts of their peoples and nationalities; and to receive information about their parents or absent, except family members would be detrimental to their welfare. The State shall guarantee freedom of expression and association, the free functioning of student councils and other forms of association. " The legal institution that allows to terminate the marriage and leave in fitness so they can remarry if they wish is divorce; the same as in our legislation is of two kinds: by mutual consent and Litigation. The procedure Contentious Divorce subject of our research, as its name says is when there is no agreement between the couple to terminate the marriage, the same as is established in Art. 332 of the Code General of processes which states: Procedencia.- is handled by the summary procedure: 1. The mandated by law. 2. possessory actions and special possessory actions, actions of new work, as well as the establishment, modification or termination of easements or any incident involving an easement already established, demarcation of boundaries in case of opposition and demand for despoiling and stripping judicial. 3. The claim related to the determination of the provision of food and the matters provided for in the law of matter and incidents. For the presentation of the demand on the provision of food is not legal sponsorship is required and for the filing of the application suffice the form provided by the Judicial Council. 4. The contentious divorce. If previously has not been resolved determination of food or tenure and visits for children and minors or incompetent, the divorce proceedings or termination of the union of fact can not be resolved...... " Quoted what can be inferred that the judge before sentencing Litigation divorce must first resolve the situation in which the children are minors; however in that articulated only mentioned on the determination of food or tenure and visits which should be the minor children after the dissolution of marriage, the way they must provide personal protection, education and sustaining those forgetting a fundamental part as is the psychological state they are in and which will be during and after this trial. So that I needed legal reform to paragraph 4 of Article 332 of the Code General Process, in order to safeguard the rights of minors, in case of contested divorce, where an assessment is included and appropriate treatment psychological to minor children during and after the contentious divorce as a way to avoid the negative consequences that this may cause and thus prevent the violation of the right to mental integrity of children and adolescents stipulated in Article 45 of the Constitution.

• Main Author: Benitez Benitez, Victor Eduardo (author)
• Format: bachelorThesis
• Language: spa
• Published: 2016
• Subjects: DERECHO; REFORMAR EL NUMERAL 4; ARTÍCULO 332 DEL CÓDIGO ORGÁNICO GENERAL DE PROCESOS
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/16329