Reforma al código de la niñez y adolescencia en cuanto a la declaración de oficio por el juez de la extinción de la obligación de alimentos
The Constitution of the Republic of Ecuador, clearly establishes the right of food that all Ecuadorians have, and access to them from safely and permanently, makes mention that these are safe and nutritious, this track that the inhabitants of this country, have a good live and surrounded by what is...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2016
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| Subjects: | |
| Online Access: | http://dspace.unl.edu.ec/jspui/handle/123456789/11385 |
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| Summary: | The Constitution of the Republic of Ecuador, clearly establishes the right of food that all Ecuadorians have, and access to them from safely and permanently, makes mention that these are safe and nutritious, this track that the inhabitants of this country, have a good live and surrounded by what is necessary, including that of the right to food. But also makes mention of rights that has people who are most vulnerable, such as children and adolescents, and the protection they deserve this group of people by their parents and of the State itself, that's that the Supreme law States that it is the responsibility of parents to attend the children No matter that they are living under the same roof or are separated from the family. Likewise establishes that parents are major holders of the obligation to food, even in cases of limitation, suspension or deprivation of custody of minors. Similarly, the code on children and adolescents sets that the principal to pass food is the parent of the child, mother or father as the case may be or depending on who is the party who has laid-back its obligation of father. But it also mentioned the duties that they have for parents and one of them is keep them due respect and honor them as moral sends him and morality, duty that would be lacking in the event of alimony recipients entering into obligations of parent. But in addition to this the code of childhood and adolescence lacks legal failure, since do not set the rules that I mentioned that the extinction of the obligation to spend food regarding the statement of ex officio by the judge, when the child is 18 years old or 21 years old if this justifies you are studying at any educational level and lacks economic resources students who are pursuing to prevent him to work and pay their expenses and that it lacks resources and sufficient. If the recipient does not ask it through his lawyer and with a legal with written evidence justifying that obligation to pass food must extinguish, the judge does not ex officio but at the request of a party, so by this legal vacuum in this body of law is are violating the rights of the recipient, since our State must act in an efficient and agile in order to guarantee the rights of all citizens |
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