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Alienación parental y los derechos y obligaciones parento-filiales en procesos de tenencia y patria potestad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Chango Chugchilan, Cristina Monserrath
;
Salame Ortiz, Mónica Alexandra
In the field of civil law, parental authority is established as a fundamental institution of family law that legal doctrine and civil law define as the set of rights and obligations aimed at ensuring the comprehensive development of children and adolescents, thus constituting a shared parental responsibility that is synergistically realized through custody in order to safeguard the child’s material and emotional stability both during cohabitation and following the couple’s separation; this entire legal framework is underpinned by the principle of the Best Interests of the Child, a conventional principle supported by the Convention on the Rights of the Child, which requires that any judicial or family decision prioritize the minor’s well-being, recognizing that the preservation of direct and fluid contact with both parents is not merely a prerogative of adults, but a psychobiological necessity indispensable for the development of the child’s identity, for which reason the assignment of custody is strictly contingent upon that benefit; nevertheless, the effectiveness and protective purpose of this legal framework are severely undermined in judicial practice by the emergence of parental alienation, which stands as a relational pathology and a flaw that distorts parent-child duties because, through a systematic campaign of indoctrination and negative psychological influence, one parent manipulates the child’s psyche and implants a hostile ideological current that generates an unjustified rejection of the other parent, which not only disrupts legitimate emotional bonds but also violates the legal system by transforming the custody process into a scenario of serious systemic violation, and its contemporary jurisprudential interpretation requires an interdisciplinary approach that integrates psychological, social, and pedagogical perspectives, strengthening mechanisms for prevention, early detection, and effective redress of the emotional harm caused.
El proceso de ejecución en el Cogep, con relación a los principios de simplificación, economía y celeridad procesal
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Civil y procesal civil, 2023-08)
Naranjo García, Andrés Fernando
;
Vayas Castro, Guillermo Santiago
The present investigation originates from the analysis of the executory process in the general organic code of processes regarding the principle of simplification, economy and procedural speed, in this way, the inquiry about the current Ecuadorian legislative execution process has been analyzed, the different phases proposed to be an element of the procedure, likewise the execution titles that address various kinds of obligations are studied, this in the search to identify the lack of compliance with the principles referred to in the execution process. In Ecuador, great scope has been observed regarding the procedural legal system based on the Constitution of the Republic of Ecuador, established in 2008, by virtue of the fact that the supreme norm or magna carta adopted a neo-constitutionalist conception, protected new rights and included new principles that were of binding application for lower-ranking legal regulations, thus, it was necessary to repeal procedural rules, which gave rise to renewed laws and codes, such is the case of the General Organic Code of Processes that is found valid as of 2016. Article 169 of the current Constitution establishes that the procedural rules guarantee the principles of simplicity, uniformity, efficiency, immediacy, speed and procedural economy, and demonstrate that justice is not sacrificed by the omission of the procedure, which the General Organic Code of Processes, being a procedural norm, adopts these principles in its Art. 2. With the aforementioned principles and among other guiding principles, COGEP has managed to provide citizens with an agile and timely justice, however, in the execution process it is possible to warn a notorious delay, since in order to achieve compliance with the obligation contained in the enforcement title, it must overcome an endless number of phases or filters, for which it clearly violates the principle of simplification, economy and procedural speed protected by the constitutional norm and also by the Organic Code of the Judicial Function.
Régimen tributario y las obligaciones en el comercio Formal e informal en el ordenamiento jurídico ecuatoriano
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02)
Villalva Morales, Mauricio Gabriel
;
Espín Meléndez, María Cristina
Taxes are essential for financing the services and infrastructure that the State offers its citizens, so the tax regime seeks the best way to ensure that all citizens comply with their tax obligations in the best way. However, informality and non-compliance of obligations are evils that the tax administration has not been able to eradicate. The research aims to find out if the current tax regime guarantees compliance with the tax obligations of formal and informal merchants in the city of Ambato, through bibliographic and field research, with a quantitative and qualitative approach, through the application of surveys to 75 merchants from different commercial points of the city, and interviews to professionals in the tax area, obtaining as a result that despite the fact that the merchants who are within a regime comply with all of their obligations, the largest number of merchants are found in a situation of informality, outside of any regime, so it can be ensured that the current regime does not guarantee compliance with tax obligations of this type of merchants

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