La necesidad de crear un marco legal que regule la custodia compartida de los hijos en caso de divorcio
The rule contained in Article 69, paragraph 5 of the Constitution of the Republic of Ecuador provides that the State shall protect the parents and heads of household, in the exercise of their duties. Promote maternal and paternal responsibility and monitor the implementation of reciprocal rights and...
Αποθηκεύτηκε σε:
Κύριος συγγραφέας: | |
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Μορφή: | bachelorThesis |
Γλώσσα: | spa |
Έκδοση: |
2015
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Θέματα: | |
Διαθέσιμο Online: | http://dspace.unl.edu.ec/jspui/handle/123456789/16764 |
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Περίληψη: | The rule contained in Article 69, paragraph 5 of the Constitution of the Republic of Ecuador provides that the State shall protect the parents and heads of household, in the exercise of their duties. Promote maternal and paternal responsibility and monitor the implementation of reciprocal rights and duties of parents and children. However within the Civil Code does not regulate the responsibility of the parents in case of divorce, since only recognized sole custody when the constitution recognizes standard joint custody as the best mechanism that causes less impact on the children in cases separation of their parents. Given the problems described above decided to develop this research paper entitled: "need to regulate joint custody in divorce in Arts. 108 and 115 of the Ecuadorian Civil Code "on the doctrinaire I perform an analysis of child custody. - General. - Types of custody, custody and visitation, custody vs. Custody, the legal dispute over custody negatively affects the children, joint custody of the children will be "preferred" in separations and divorces, custody: an alternative that focuses on family dissolution not, Types of joint custody , advantages and formal requirements legally well analyzed in the Constitution of the Republic of Ecuador Reform Act Title V, Book II of the Code of Children and Adolescents and the Civil Code, the responsibility of the parents making the failure to demonstrate of law and the urgent need to reform the rule laid down in Articles 108 and 115 of the Civil Code, in order to regulate the custody tenor of what has the constitutional provision. Therefore in this paper reflected the theoretical arguments, results of field research, in which analysis shows the need for the mechanism to implement joint custody, being the main point of my thesis work, so I hope it helps to solve this problem. |
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