Jurisprudencia y Ciencias Sociales

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

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Fecha de inicio: 2020Tema: search.filters.subject.RECONOCIMIENTO VOLUNTARIO

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    Item type:Ítem,
    Nulidad de reconocimiento voluntario y derecho de identidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Tua Miranda, Nagiely Mishelle
    ;
    Arcos Morales, Jorge Enrique
    This research addresses the nullity of voluntary acknowledgment of paternity and its impact on the right to identity, a highly relevant legal issue in the Ecuadorian legal system due to the increase in parentage disputes arising from acknowledgments made without regard for biological truth or under conditions of consent. This topic is especially important because it involves the constitutional rights of children and adolescents, whose identity can be affected by legal acts that, although formally valid, generate legal uncertainty and infringe upon their integral development. The study analyzes the tension between the principle of the irrevocability of voluntary acknowledgment and the grounds for its nullity when conditions of consent such as error, fraud, or duress are present. Furthermore, it reveals regulatory gaps and disparate judicial criteria that generate confusion between the concepts of nullity of the legal act and challenges to parentage, thus affecting the effective protection of the right to identity. The research was conducted using a qualitative, legal-documentary, descriptive, and field approach, employing legal-dogmatic, analytical-synthetic, and inductive methods. Techniques included documentary analysis of regulations, jurisprudence, and specialized doctrine, as well as semi-structured interviews with legal professionals, whose contributions allowed for a comparison of legal regulations with judicial practice. This line of research falls within the fields of Constitutional Law and Family Law, and offers a novel contribution: the work proposes the need to establish clear normative and procedural criteria that differentiate the annulment of voluntary acknowledgment from the challenge of parentage, prioritizing the best interests ofthe child, biological truth, and legal certainty, in order to strengthen the effective protection of the right to identity.