"Efectos de la demanda de paternidad y la vulneración de las garantías constitucionales"

The paternity is a social process that frames the commitment of the progenitors to legalize the minor procreation inside of or outside of the marriage. However, when one of the progenitors doesn't accept the socio-economic responsibility of the children, it is pertinent the requirement before a judge in order to rule sentence that it favors the minor rights. The Ecuadorian legislation grants the Judge the imperium of applying a provisional pension against the defendant in order to precautelar the boy's subsistence or girl, which should be paid by the presumed father or mother, from the moment of having presented the demand and initiate the legal process, without for it, it has been determined the paternity or biological maternity previously by means of the exam of the DNA. This situation has generated a legal hole since it is forced the defendant's rights (to). cases have been presented in which the exams of DNA don't establish filiation knots or paternity, bearing the defendant's inconvenient economic partner, which are not remedied at level of the affected public image neither monetary. It is pertinent then, to promote the reformation to the article innumerado 10, of the Title V, of the Book Second of the Organic Code of the Childhood and Adolescence, without it is forced the Boy's Superior Interest, Niña and Adolescents.

• Autor Principal: Alava Leon, Nelson Secundino (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2015
• Subjects: Demanda, paternidad; vulneracion, garantias
• Acceso en liña: http://repositorio.uteq.edu.ec/handle/43000/5540