Jurisprudencia y Ciencias Sociales

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

Examinar

Filtros

2023 - 20262

Ajustes

Fecha de inicio: 2023Tema: search.filters.subject.TENENCIA

Resultados de la búsqueda

Mostrando 1 - 2 de 2
  • Miniatura
    Item type:Ítem,
    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.
  • Miniatura
    Item type:Ítem,
    Responsabilidad penal y civil en los ataques de los animales de compañía
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
    Sánchez Turushina, Janeth Carolina
    ;
    Tite, Segundo Ramiro
    This research work focused on analyzing the criminal and civil responsibility derived from the attacks on pets as a result of their relationship with humans. The objective was to determine if there is any type of responsibility of people for the possession of companion animals as the cause of attacks on the entities of the society. The methodology used in this research had a qualitative-quantitative or mixed approach, qualitative because of the application of interviews with professionals in the areas of law, health, and veterinary medicine, and quantitative because we wanted to know the opinion of the population of Ambato regarding the problem raised, obtaining relevant data that support the subject under study; the level of research used was exploratory-descriptive in conjunction with the documentary and field modality, in addition, an inductive-deductive method was used since analysis was made from the particular to the general, allowing to generate solutions from the legal field. The results obtained show that the lack of education and adequate control in the possession of pets are issues that have not been widely addressed in the country's legislation, therefore, they need to be regulated through the inclusion of a criminal type that punishes the attacks produced by pets and from the civil area the reparation for the damages caused, which often remain in a state of total impunity.