REFORMAS AL CÓDIGO CIVIL PARA GARANTIZAR EL DERECHO A LA IMPUGNACIÓN DE LA PATERNIDAD, POR PARTE DEL ALIMENTANTE
The present thesis entitled: "REFORMS TO THE CIVIL CODE TO GUARANTEE THE RIGHT TO THE CHALLENGE OF PATERNITY, BY THE FOOD, it refers to the challenge of paternity and to the realization of the DNA test by the mother so that there is effective enjoyment of rights of both parties in a judicial pr...
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| Format: | bachelorThesis |
| Sprache: | spa |
| Veröffentlicht: |
2019
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| Schlagworte: | |
| Online Zugang: | http://dspace.unl.edu.ec/jspui/handle/123456789/21777 |
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| Zusammenfassung: | The present thesis entitled: "REFORMS TO THE CIVIL CODE TO GUARANTEE THE RIGHT TO THE CHALLENGE OF PATERNITY, BY THE FOOD, it refers to the challenge of paternity and to the realization of the DNA test by the mother so that there is effective enjoyment of rights of both parties in a judicial process, in which various objectives were established, which refers mainly to the DNA test, to establish the filiation of the child and guarantee the rights of the obligor. The inadmissibility on the part of the Judges of the Judicial Unit of the Family of Children and Adolescent, Provincial Court and National Court of Justice, to the challenges of paternity, because the DNA test was not carried out by the mother, generate the infringement of the rights of the obliging, so a project of legal reform to the civil code must be elaborated, that allows the mother of the minor to perform the DNA test, immediately and mandatory. In the absence of performing the DNA test by the mother, and having constitutional rights of the Constitution of the Republic of Ecuador and international treaties, violation of rights is generated, to the presumed father or obliging to his integrity as to his economy. Likewise materials and methods were applied to develop this research and interviews and surveys were carried out, which have helped me to propose a project of legal reform to the Civil Code, to guarantee the rights of the alleged father or obligor. |
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