Medida sustitutiva al apremio personal por mora en el pago de pensiones alimenticias del adulto mayor

This pre-qualification as a lawyer in the courts of Justice of the Republic of Ecuador has its origins with the problem that exists with food debtors work, not having as solve the product of alimony debt must hold staff urgently ordered by the judge, thus entailing damage to the payer and the recipi...

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Dettagli Bibliografici
Autore principale: Masana Kajekai, Isaac (author)
Natura: bachelorThesis
Lingua:spa
Pubblicazione: 2016
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Accesso online:http://dspace.unl.edu.ec/jspui/handle/123456789/16782
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Riassunto:This pre-qualification as a lawyer in the courts of Justice of the Republic of Ecuador has its origins with the problem that exists with food debtors work, not having as solve the product of alimony debt must hold staff urgently ordered by the judge, thus entailing damage to the payer and the recipient, even when we as caring for the elderly adult debtors who likewise are violated their rights guaranteed by the Constitution of the Republic of Ecuador. You can recognize that a person is very vulnerable as established by our Constitution as a right and guarantees for these people, and this is believed desirable that he does not pay maintenance imposed on these seniors alternative measures is established and not the pressure staff for these people. It has made the investigation and processing of information, literature, doctrinal and legal where you could verify several rights violated both the obligor and the child or adolescent recipient of alimony, since in part by depriving of freedom to the debtor primary or secondary ensuring we would not be feeding the child or adolescent. Similarly this paper contains a theoretical framework made a critical analysis and doctrinal synthesis on the right to food throughout history, also in relation to the rights enshrined in the Constitution of the Republic of Ecuador, plus an analysis Title V of the second book of the Code of Children and Adolescents and finally, a brief study of the different Treaties and Agreements concerning the subject of this thesis. This thesis Legal Research is structured as follows: First a Conceptual Framework, comprising concepts and definitions of rights Food, dela Family, among other items that will give greater prominence to the proposed theme; doctrinaire framework, covering the doctrines of writers and scholars on Sustitutivas to request Prompt in the Prompt Payment in Alimenticio the Elderly measures. Legal framework, including the analysis of the Constitution of the Republic of Ecuador, international treaties and conventions among others, and then we have a comparative legislation because it helped me to make an analysis of matter from other countries and to extract the most positive. Secondly the research work includes a field study in which surveys and interviews are developed connoisseurs of law in helping me determine or contrast the objectives and hypotheses raised. Third after the analysis of field research we proceeded to the conclusions and recommendations and finally to a legal proposal necessary for the solution of the problem.