El Daño Moral en la Investigación de la Paternidad, cuando la Prueba de ADN resulta negativa

For the development of this thesis we found relevant to make a further study on the non- regulation of moral damage in the Code of Children and Adolescents in the investigation of paternity when the ADN test is negative, it violates the constitutional rights Personal integrity as our reality we obse...

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Bibliografische gegevens
Hoofdauteur: Lozano Sarango, Katherine del Cisne (author)
Formaat: bachelorThesis
Taal:spa
Gepubliceerd in: 2016
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Online toegang:http://dspace.unl.edu.ec/jspui/handle/123456789/17428
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Samenvatting:For the development of this thesis we found relevant to make a further study on the non- regulation of moral damage in the Code of Children and Adolescents in the investigation of paternity when the ADN test is negative, it violates the constitutional rights Personal integrity as our reality we observe the high rate of claims judgments foods are presented without checked affiliation from the beginning , affecting the interests of the alleged parent understood this affected their personal integrity in which is immersed the morale of the person as a social being thus constituting a extrapatrimonial right. For this reason it is necessary to make the respective investigation into the issues raised in order to make a theoretical, normative study of nonregulation of moral injury in the investigation of paternity, when the ADN test is negative, to prove the violation of constitutional rights of Humane. To further create reforms that can be implemented in the code of childhood and adolescence in which mention of the investigation of paternity in which ADN testing is framed to check paternity and filiation or alimony is provisional which is applied from the filing of the application until the results of the paternity test is obtained, in which there is established the compensation that aims to redress the alleged parent would have when the ADN test is negative. Since it affected their personal integrity being legally unprotected.The methods that have been used for this research work have been vital mainly the documentary method that allowed us to collect the information necessary for the foundation and development of the subject under investigation and the inductive method was used in the approach surveys were made to professional rights and experts on the subject, who through the answers given in each of the questions they learned say that if it should make a rule governing compensation when the ADN test is negative since it affect the rights of the alleged parent guided mainly redress for relief since it is causing a prejudice to the ethical values related to the social order, with those who value the behavior of people as social beings and that since man lives in society moral regulation has been necessary for the collective welfare