Reparación integral objetiva a cargo del progenitor que ha retenido indebidamente a la Niña, Niño o Adolescente, impidiendo disfrutar la convivencia familiar de visitas
This thesis entitled: "Objective integral reparation by the parent who has improperly detained the child or adolescent, preventing enjoyment of family living visits," becomes essential development because in Ecuadorian culture has been violated the right to the enjoyment of family life, in...
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| Format: | bachelorThesis |
| Jezik: | spa |
| Izdano: |
2018
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| Teme: | |
| Online pristup: | http://dspace.unl.edu.ec/jspui/handle/123456789/20425 |
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Dodaj oznaku | Sažetak: | This thesis entitled: "Objective integral reparation by the parent who has improperly detained the child or adolescent, preventing enjoyment of family living visits," becomes essential development because in Ecuadorian culture has been violated the right to the enjoyment of family life, in relation to the visitation regime that is hindered by the parent who in many cases is the mother of the child under eighteen, who transfers the child or adolescent to another place, different from the domicile established of the record of visits signed before the Family Court, all this with the purpose that father and son are not found and strengthen family ties, which may favor a greater appreciation to the father because he sees it only on weekends or the days fixed in the visitation regime; this has generated a violation of the right of family coexistence prescribed in the Constitution of the Republic, therefore, it would be violating a legal right protected by the supreme law and considered a fundamental right that must be above the other rules of the domestic legal system . Faced with this problem we find psychological problems of the mother that would consist of jealousy that the son becomes more fond of the father and that in the future his son abandons him to go live with his father. On the other hand, the father is emotionally affected, that is, the psychological integrity of the parent prevented from visiting their child affects them both, therefore, the child or adolescent must be guaranteed their best interests and the right to psychological integrity, as well as the right to enjoy family visits. It arises as a question that happens with the parent who fails to comply with a court order for visitation; This should answer to the authority with the objective integral reparation and the compensation of the damages caused. The theoretical and field work of this thesis has allowed me to obtain criteria, with clear and precise foundations, of well-known bibliography, which contributed to the verification of objectives, and testing of hypotheses, allowing to support the changes to the Organic Code of Childhood and Adolescence, prior to guaranteeing the regime of views of the parent with their child and effecting the right to family coexistence of visits. |
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