Reformar al artículo innumerado 22 (147) de la ley reformatoria al Código De La Niñez Y Adolescencia con el objeto de establecer la prohibición de entregar boletas de apremio sucesivas por incumplimiento de las pensiones de alimentos, ya que con las mismas se violenta el derecho constitucional a la libertad de los alimentantes
The development of this investigation leaves of the study that the Organic Code of the Childhood and Adolescence allows that in the event of existing negative on the part of the defendant to the payment of the nutritious pension taking into account its economic solvency in connection with its goods,...
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主要作者: | |
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格式: | bachelorThesis |
语言: | spa |
出版: |
2016
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主题: | |
在线阅读: | http://dspace.unl.edu.ec/jspui/handle/123456789/9042 |
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总结: | The development of this investigation leaves of the study that the Organic Code of the Childhood and Adolescence allows that in the event of existing negative on the part of the defendant to the payment of the nutritious pension taking into account its economic solvency in connection with its goods, bearing this way to violate the rights that have those smaller than age in receiving a fair pension and this way to cover with its such basic necessities as the education, housing, health, etc. The importance is granted that implies in the moment to fix the nutritious pension and that the judge is the one that is authorized to make fulfill this pension and that in regrettably in our Code of the Childhood a normative one doesn't exist in which allows the Judge to rule a fair resolution. It is for it that the mother in plaintiff quality should demand the execution of a pension nutritious chord with the defendant's economic capacity, because in if to who affects you/he/she is the children that are vulnerable before the society, and many of them depend on a nutritious pension to be able to survive. All boy or girl is entitled, from the moment of the conception, to the foods for the attention of her basic necessities as health, housing, wardrobe. This obligation is part of the paternal responsibility, to the benefit of the boy's foods or girl, if the defendant's paternity is not established, the judge will be able to decree the provisional and definitive payment of foods since in the process they work tests that contribute precise, enough and concordant indications to arrive to a conviction about the defendant's paternity. Therefore the parents are the main holders of the alimentary obligation what implies a series of commitments that bears that is to say to a pension nutritious chord with their economic situation taking into account all the goods that this he/she can have and assuming their obligations fulfilledly with responsibility |
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