Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.MATRIMONIO

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  • Miniatura
    Item type:Ítem,
    Los derechos de los contrayentes y la permanencia en el vínculo matrimonial con un cónyuge que adquirió discapacidad
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-01)
    Gualpa Llango, Clara Janeth
    ;
    Poaquiza, Patricio
    The rights of spouses within marriage are significant in Ecuadorian law, particularly when one of the spouses acquires a permanent disability. This research analyzes Article 126 of the Civil Code, which restricts the dissolution of the marriage bond when one of the spouses acquires a disability. This restriction is controversial in relation to the constitutional rights of freedom, access to justice, free development of personality, dignified life, and equality recognized in the Constitution of the Republic of Ecuador. This research aims to propose a reform that would harmonize national and international standards. The objective of the research focuses on the analysis of the constitutional rights involved in the marriage bond when one of the spouses has a permanent disability. To achieve this objective, marriage in the face of disability, the legal tools for the protection of persons with disabilities in the marital sphere, and the relationship between constitutional rights and the purposes of marriage were defined. The methodology to be applied is qualitative, involving interviews and document review. The line of research is public policy, law, and society. Thus, it is concluded that forced permanence within marriage violates constitutional rights and requires legal reform that includes specific mechanisms to guarantee the rights of persons with disabilities within the family sphere through the implementation of special judicial procedures with an inclusive and egalitarian approach. Keywords:
  • Miniatura
    Item type:Ítem,
    La primacía del requisito de la voluntad en la celebración de actos jurídicos y el divorcio unilateral
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-07-31)
    Chanatasig Chicaiza, Shirley Dayely
    ;
    Poaquiza Poaquiza, Ángel Patricio
    The principle of will in the celebration of legal acts and unilateral divorce analyzes how individual autonomy constitutes a fundamental pillar in civil law, allowing individuals to celebrate and extinguish legal acts without justifying their decision before third parties. This principle acquires importance in unilateral divorce, since it ensures personal autonomy by admitting the dissolution of matrimonial ties without tax requirements. Research carried out with the objective of examining the principle of the will within the unilateral divorce as a means to facilitate the dissolution of the marital bond. The methodology used in this study was quantitative-qualitative, making it possible to explore the will in divorce proceedings. Interviews with judges specialized in family law and surveys of lawyers examined the application of the principle of primacy of will in divorce proceedings. Difficulties were identified in interpreting this principle in cases where the will of a spouse could be conditioned, revealing legal loopholes. The lawyers, for their part, evaluated the current divorce regime and supported the implementation of unilateral divorce, pointing out its existence in international legal systems. In this sense, this research work is developed within the line of investigation of the types and procedures of divorce in the national and international framework. Concluding that, the current divorce regime in Ecuador requires a deep analysis that allows harmonizing the will to dissolve the bond with the need to protect the rights of third parties, especially those of the children.
  • Miniatura
    Item type:Ítem,
    Declaración de Unión de Hecho Post Mortem y los efectos Jurídicos en el Patrimonio del Consorte Sobreviviente Análisis de la Sentencia No. 09319-2020-00553
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-05)
    Quilligana Masaquiza, Lizeth Micaela
    ;
    Vayas Castro, Guillermo Santiago
    This research work is focused on the legal study of the declaration of post-mortem commonlaw marriage, which is a relevant topic in the Ecuadorian civil law. This study is contextualized in the legal and doctrinal foundations that support this figure, emphasizing the regulations of the Civil Code and the applicable procedural provisions. Likewise, the scope and implications of the referred sentence are analyzed, which constitutes a relevant precedent in the interpretation, with the objective of analyzing the legal effects on the declaration of post mortem common-law marriage and its affectation in the patrimony of the surviving cohabitant. The methodology applied is a mixed method applied in three methods: the first one is qualitative with interviews to judges and notaries, legal professionals with experience in family matters, the second method is quantitative where surveys were made to lawyers who are in their free practice and finally the analytical method, where we analyzed a sentence on the declaration of post mortem de facto union, a sentence compiled from the National Court of Justice, methods that were effective to achieve the objectives of our research on the patrimonial implications for the benefit of the surviving spouse based on its post mortem recognition can directly influence the intestate succession, the adjudication of assets and the protection of family rights.
  • Miniatura
    Item type:Ítem,
    El derecho a la identidad y el interes superior del niño, en el Cantón Ambato, Provincia de Tungurahua
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-09)
    Vaca Barona, Mónica Paulina
    ;
    Tipantasig Cando, Jaime Tarquino
    The right to identity and the best interests of the child, has the purpose of the present investigation that respects the right to be recognized by their parents from the moment of birth and if for some reason they do not enjoy the same surname, the injured can access the claim and investigation of paternity at any time of his life, where there is no prescription for time and may even be done by the father or mother, who guarantees the State, together with the laws, the enjoyment of the right to be recognized by their parents, which is the fundamental to be able to access other rights, such as providing food, being involved in inheritances etc. In view of the fact that it is a social problem that generates rejection and discrimination because it is called illegitimate children, it is a subject that must be studied, generating quick solutions since it is more than sufficient the lack of love and family dysfunction, since unexpected children tend to suffer from birth, diverse behaviors of their parents, which vary from acceptance, resignation and refusal to take responsibility. The last point is key because without it the normal performance of the child's life will not be the same as the legitimate ones, let alone full, that is why the State is responsible for fulfilling its right and any person who has an interest on the same one it will be able to impel the action of investigation of paternity and as main cause that there are no obstacles, much less contradictions with the Constitution, no law that can be extinguished or prescribe the right to take the last name of its parents.
  • Miniatura
    Item type:Ítem,
    La disolución de la sociedad conyugal y efectos jurídicos en el matrimonio
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-10)
    Naranjo Chérrez, Alexandra Elizabeth
    ;
    Tipantasig Cando, Jaime Tarquino
    Marriage is a contract where you get obligations with your spouse. Heritage, built in assets as well as liabilities which if needed will be divided between the spouses equally. This solemn contract because of its nature has several legal effects arising from the union of the couple, determined like these; Cohabitation, intimate relationship duty, mutual help, fidelity, equality in the eyes of the law according to children, with respect for heritage and belongings . Through marriage, the spouses are subject to the community income property. In which the society requires the cooperation of the couple, in that way there should be cooperation of both spouses who are interested in the prosperity of home as well as the association. The marriage contract made could be separated in relationship to the property management. It could be voluntary or controversial under the law competent Judges. This event is well known as dissolution of the conjugal society, which is the end of the heritage link in relationship under law. This conjugal union annulment marks legally the effects in marriage. The ones, which were cited above, causing problems with the rights of children, property and heritage. Due to that reason, it affects legally to marriage. Sometimes, this is the divorce trigger. I must indicate that once the couple make up the personal or marital problems as well as getting an agreement to restore family trust. Law does not establish a legal alternative to restore the conjugal society, for that reason the present study seeks to establish a proposal for legal reform in order to determine a policy that allows the reestablishment of the marriage contract in order to make it implement legal effects as well as purposes of marriage.