Reforma necesaria de incorporar en el titulo v del libro II, del Código de la Niñez y Adolescencia, en relación al reembolso de las pensiones alimenticias mensuales que indebidamente son percibidas por parte del demandante, luego del resultado negativo del examen psicosomático “ ADN

With the promulgation of the new Code of Children and Adolescents and the reform made to Title V of the right to food, food trials passed the dispute to the special, this in order to expedite the process to allow for timely intervention justice especially for those who are the beneficiaries in the p...

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Hlavní autor: Iñamagua Rey, Edwin Iván (author)
Médium: bachelorThesis
Jazyk:spa
Vydáno: 2015
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On-line přístup:http://dspace.unl.edu.ec/jspui/handle/123456789/8440
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Shrnutí:With the promulgation of the new Code of Children and Adolescents and the reform made to Title V of the right to food, food trials passed the dispute to the special, this in order to expedite the process to allow for timely intervention justice especially for those who are the beneficiaries in the provision of food, thus giving large powers to the plaintiffs against the defendants leaving them defenseless somewhat as I detail in the course of this investigation. For the progress of this work was accomplished with a primary objective of meeting the legal and moral conditions that run in trials Food in Ecuador and if their constitutional guarantees apply to litigants equal, having a clear and fair about whether alimony are actually routed to the appropriate person and determine if this reform is carried out based on the legal requirements based on the constitutional principles attached to due process and the right to defense. Continuing this investigation, we examined the scientific advances of the DNA test in order to exercise the true paternity and determine the responsibility that this contains. In particular, it seeks to promote reform law allowing the return of wrongfully levied alimony after the DNA test result is negative, this in order to prevent the name of the law committed injustices against innocent people and expose these abuses are recorded daily in family courts in Ecuador. Arguments availing myself of successful, large but mostly democratic and based on the study and analysis of the provisions of the Constitution regarding the rights of the people, and the analysis of organic Code for Children and Teens and encompassing all rights chapter of food and thus the critical support legal reform can bring timely and relevant law, taking into account the field investigation to ascertain the extent of the problem