Browsing by Author "Guaminga Yuquilema, Claudio Samuel"

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    Los juicios de alimentos y la mediación
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Guaminga Yuquilema, Claudio Samuel; Navalpotro Sánchez-Peinado, Jesus María
    Food trials throughout the history of mankind has been, is, and will continue to be a vitally important issue for all the world's regulations, and for this reason, States must make important and far-reaching decisions in favor of all children and adolescents who, faced with a conflict due to the dissolution of the marital bond of their parents, are directly involved in emotional crises caused not only by the remoteness of their parents but also by the litigation that they enter as far as food rights are concerned, this is how the distancing of minors begins in relation to one or sometimes both parents. Mediation, apart from being an alternative method of conflict resolution that is innovative and mostly effective, seeks to find a harmonious and egalitarian solution between the parties at all times, which, in addition to looking at their own benefits, seek in a primordial way the well -being for their children. Based on this premise, and given the existence of many cases in terms of food matters, it is necessary to give a solution to the procedural burden that not only the Judicial Unit of the Family, Women, Children and Adolescents of canton Ambato, but also the rest of the country. The current Organic Code General Processes is a legal body in which, it is mentioned to the food juices, within the processes by alimentary pensions, regime of visits, possession among others. All these processes are embodied in a procedure called summary, in which, all procedural steps must be performed and the times that the present code deals with on this type of paperwork must be met. While this summary procedure occurs many spouses neglect the welfare of children seeking their own welfare but not that of the child who is the beneficiary of the right. By looking not only at the procedural burden that exists in most courts of the family of women, children and adolescents at the national level, and in addition to the emotional loss of the parents with respect to their children, it is necessary to reform the current COGEP, in which , mediation is taken into account as an alternative method of solution, prior to the commencement of a procedure in terms of trials for maintenance have to do, with the aim of ending the legal dispute and therefore a harmonious relationship of the parents and their children.