Jurisprudencia y Ciencias Sociales

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

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  • Miniatura
    Item type:Ítem,
    La demanda de pensión alimenticia y el auto de calificación en el estado de emergencia por COVID-19
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09)
    Criollo Sailema, Liliana Paulina
    ;
    Tite, Segundo Ramiro
    The objective of the present investigation was to determine the incidence of the demand for alimony in the qualification car in the state of emergency due to covid- It was determined what are the effects of the time it took for the qualification of alimony demands in the state of emergency due to COVID 19, in addition to describing how the state of emergency due to COVID 19 affected the dispatch of alimony demands and Identify what Measures took the advice of the judiciary of theprovince of Tungurahua in the face of the health emergency due to COVID 19. Reaching the conclusions that, the effects of the time it took for the qualification of alimony demands in the state of emergency due to COVID 19 was the violation of the rights of children and adolescents who failed to meet their basic needs, the obligorhad no legal responsibility. Therefore, they were not responsible for contributing financially to the needs of their sons or daughters, they decided to wait until the judicial system resumes and the claim is qualified and after obtaining the pension fixation, they only try to make the payments. During the state of emergency due to COVID 19, the dispatch of alimony claims wastotally affected with the suspension of the judicial system, all claims were left unqualified, and many processes that were already underway were not able to obtain ballots. of pressure, reliquidations, dispatches, for six months the judicial system was totally paralyzed.
  • Miniatura
    Item type:Ítem,
    La migración del alimentante, y el derecho de alimentos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-10)
    Escobar Borja, Ana Paola
    ;
    Tipantasig Cando, Jaime Tarquino
    This research has as its theme "Migration of the obligor, AND THE RIGHT TO FOOD" it is of great importance and interest by the State so that children and adolescents precautelen effective fulfillment of the right to food itself which are subjects covered according to the established and guaranteed by the Constitution of the Republic of Ecuador Section Five, in international instruments, international treaties Unicef and the Code for Children and Adolescents. The right to food is applied to meet all the needs of a child or adolescent and thus can develop their lives in a peaceful and normal. The current Constitution of the Republic of Ecuador has within its precepts clearly both the right girls, children and adolescents are entitled to their full development, conceptualized this term in regard to growth, maturation and full development of the intellect, skills, with the sole purpose to realize their aspirations, within the family, school, social environment. The children and adolescents enjoy the common rights of human beings, besides own age as well as the right to physical and psychological integrity; his identity, holistic health and nutrition; education and culture, sport, social security; here we can identify additional requirements covering the right to food and its vital importance. t is undeniable that in our country in the last two decades the indiscriminate increase was witnessed in migration rates of young people fathers and mothers, who left the country with the common ideal, to find better days for their families but not all cases tell the same story, since in the new country or a new life emigrant practically a new family begins. Thus it was born a new problem that children and adolescents were left to care and under the protection of grandparents and uncles brothers. Situation that caused adverse effects such as dropout rates, teen pregnancies, drug addiction, alcoholism and a number of social problems. You focus on the common denominator for this series of above-mentioned problems occur is that the main cause is that the children and adolescents to be without their parents no longer perceived economic environment any that allows meet their needs for food, housing, education, clothing, transportation, and health, crucial reason that does not allow him to be a productive person to society. Here it was totally violated the right food. The Code of Children and current Adolescence us clearly outlined in Title I the Right to Food Art unnumbered 5 Obligated to the provision of food where the term absence of parents mentioned the responsibility of the maintenance obligation will be transferred to the subsidiary obligation, it is important to study and analyze this article because by this and the implementation of the proposal of this research, strict compliance with the right food is guaranteed, asking every citizen who has minor children, and have desires leaving the country must first secure a alimony for their offspring, this mechanism will prevent migration appears as a method of escape compliance with maintenance obligation and avoid sue subsidiary called bound who many times do not meet this demand because not their job properly