Maestría en Derecho Civil y Procesal Civil

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/37038

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    La adopción por matrimonios igualitarios y su incidencia en el principio del interés superior del niño
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho, Civil y Procesal Civl, 2023-03) Vargas Castillo, Ana Gabriela; Montero Solano, Juan Pablo
    The present work of degree tries to determine if the adoption by equal marriage affects the best interest of the child. The applied study was qualitative, with a type of exploratory and correlational research about the current situation of Ecuadorian legislation that encompasses the issue of the right of adoption. The research modalities to be used are bibliographical-documentary research and the triangulation of theories. The sample is determined specifically in the sentences issued by the Inter-American Court of Human Rights. The results obtained were five documents, the sentence Atala Riffo and girls Vs Chile, the reparation fund of the case, Art. 1, 24 and 19 of the Convention. Of these, the Atala Riffo case was determined to be relevant for the study, as a specific document to carry out the analysis of the standards of conventionality. Regarding the theoretical and doctrinal foundation regarding adoption by equal marriage and the evolution of Family Law, the formation of homoparental families, like heterosexual families, have a social responsibility with the sons and daughters that comprise it. Likewise, regarding the standards of conventionality developed by the Inter-American Court of Human Rights regarding the analyzed premises, it is clear that it does not directly or indirectly affect the best interests of the child.
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    La práctica procesal civil en la sustanciación de la cláusula de métodos alternativos a la solución de conflictos
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho, Civil y Procesal Civl, 2023-01) Erazo Rey, Rodrigo Israel; Montero Solano, Juan Pablo
    The Constitution of the Republic of Ecuador has established alternative methods for conflict resolution as application procedures subject to the law; in matters in which by its nature it can be compromised. With the issuance of the General Organic Code of Processes, it was intended to update and modernize the Procedural Law. Specifically within the substantiation of the previous exceptions, Art. 153, has as a tenth exception the existence of an agreement, arbitration agreement or mediation agreement. Agreed freely and voluntarily by the contracting parties whose purpose is that the alternative methods to the solution of the conflict are the competent ones to know and resolve the case. On the other hand, the Arts. 7 and 8 of the Arbitration and Mediation Law legislated a process to be followed, in the case of presenting a lawsuit with an arbitration or mediation clause to the judge. For which, practical cases have been analyzed, both with the code of civil procedure and the current one, in order to determine what is the way to resolve the controversy around the clause of alternative methods to conflict resolution that guarantees guardianship. effective judicial process and due process.