“Necesidad de Reformar el Código Orgánico de la Niñez y Adolescencia Art. Innumerado 9 (Ley Reformatoria al Título V, Libro II del Código Orgánico de la Niñez y Adolescencia), tendiente a que previa su fijación se establezca la filiación para evitar afectaciones al Derecho a la Defensa

This thesis originates with the analysis, doctrinal, legal and analytical study on the problems that exist in the process of provisional payment of maintenance, when presenting the demand for food and board to pay is imposed without being certain whether or not the child of the defendant. The Constitution of the Republic of Ecuador in its Article 45, 2nd paragraph mentions that "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 be detrimental to their welfare. " The Organic Code of Children and Adolescents prioritizes the rights of minors giving a range of interests of the child established by the Constitution. Obviously we find contradictions between the rights enshrined in the Constitution and the legal norm, which is fundamental relation to the right to the truth of the relationship parent-subsidiary dichotomy that must necessarily be corrected through reforms necessary and appropriate within the Organic Code childhood and Adolescence is the must regulate regarding the provisional provision of food the same as initial form should be incorporated DNA test for the imposition of the same so it must lack legal action when the DNA result is negative with respect to the defendant in this legal body and a in its Art.13 he states that "the DNA test conditions suitability and safety under this Act, shall be deemed sufficient to confirm or rule out parenthood. Not be admitted delaying the cause through the application of new evidence, unless it is founded and test compliance with the conditions provided for in this Act. 5 Similarly it is imperative and urgent changes in legal regulations in the singular in the Organic Code of Children and Adolescents in relation to the right of not only the children but the duty of the prospective parents in the sense that, when the alleged parent requests the examination of DNA to the woman is denied, absolutely nothing happens, considering that the negative is a symptom not only of rebellion but of hiding a truth, however when the mother requested the examination of DNA to alleged father, regardless of the economic situation or particular circumstances is made whether or not the test, the final the judge imposed the name of the alleged son, these acts in my quarrel with the provisions of Art. 44 of the Constitution and Code organic Children and Adolescents, to have a name and a last name that corresponds, so I decided to analyze the exposed thesis topic called "NEED FOR REFORMING THE ORGANIC CODE OF CHILDREN AND ADOLESCENTS ART. UNNUMBERED 9 (LAW AMENDING THE TITLE V, BOOK II OF THE CODE CHILDHOOD AND ADOLESCENT), AIMED PRIOR TO THEIR ATTACHMENT SONSHIP ALLOCATIONS TO AVOID ESTABLISH THE RIGHT TO DEFENSE” After examination have determined that in our country there are cases where fixing food whether it is temporary or permanent, when there is no certainty that the defendant is alleged father, the consequences have been and are almost irreparable for the parties, that they have to do with involvement: economic, social, moral and family, in the case of people who have had to pass food to those who have no obligation to provide them for lack of the family relationship parent-child between processing and fed. It is also necessary to take into account the principles, rights and guarantees of minors, also be granted the right to true identity and affiliation to avoid complications in the future. And a proposed law reform that may lead to it being of both parties is the same respect and enforce the rights guaranteed by the Constitution to exercise fair and equal justice for all.Ç

• 主要作者: González Guamán, Susana Estefanía (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2016
• 主題: DERECHO; CÓDIGO DE LA NIÑÉZ; NIÑOS Y NIÑAS; DERECHO DE LA DEFENSA
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/16509