Jurisprudencia y Ciencias Sociales

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  • Item type:Ítem,
    La unión de hecho y la enajenación de bienes por parte de uno de los convivientes
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06)
    Cunalata Mazaquiza, Estefania Alexandra
    ;
    Altamirano Zavala, Andrea Marlene
    The present investigation takes into account the union of fact as part of a process of humanity, in which people unite to generate a family, social and economic development, in this context, so the state has been seen in the Obligation to recognize, protect and regulate this union as a way of establishing a family by giving it the name of union of fact in the legal bodies of our country, in the field research, the need arises to generate a reform to the legal management of this Social figure, in which the alienation of goods by one of the coexistents can be avoided, leading us to propose a change that establishes the prohibition of alienation after the determination of proofs of discharge that prove that there was a de facto union. In order to establish a clear and complete restructuring of this new way of life that is due to the ease of life, religion or social commitment has been given in our country is why my proposal is to typify a paragraph to Article 223 of the Civil Code Title VI of the Fact Unions about the presumption of de facto union allowing to present as evidence, photos, public documents held in mutual agreement, duly judicialized and taken into consideration by the Judge with the rules of sound criticism Without prejudice to the parties and on the other hand the obligation to indemnify the injured party.