Jurisprudencia y Ciencias Sociales

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

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2021 - 20252

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  • Miniatura
    Item type:Ítem,
    La primacía del requisito de la voluntad en la celebración de actos jurídicos y el divorcio unilateral
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-07-31)
    Chanatasig Chicaiza, Shirley Dayely
    ;
    Poaquiza Poaquiza, Ángel Patricio
    The principle of will in the celebration of legal acts and unilateral divorce analyzes how individual autonomy constitutes a fundamental pillar in civil law, allowing individuals to celebrate and extinguish legal acts without justifying their decision before third parties. This principle acquires importance in unilateral divorce, since it ensures personal autonomy by admitting the dissolution of matrimonial ties without tax requirements. Research carried out with the objective of examining the principle of the will within the unilateral divorce as a means to facilitate the dissolution of the marital bond. The methodology used in this study was quantitative-qualitative, making it possible to explore the will in divorce proceedings. Interviews with judges specialized in family law and surveys of lawyers examined the application of the principle of primacy of will in divorce proceedings. Difficulties were identified in interpreting this principle in cases where the will of a spouse could be conditioned, revealing legal loopholes. The lawyers, for their part, evaluated the current divorce regime and supported the implementation of unilateral divorce, pointing out its existence in international legal systems. In this sense, this research work is developed within the line of investigation of the types and procedures of divorce in the national and international framework. Concluding that, the current divorce regime in Ecuador requires a deep analysis that allows harmonizing the will to dissolve the bond with the need to protect the rights of third parties, especially those of the children.
  • Miniatura
    Item type:Ítem,
    El incidente de rebaja de pensión alimenticia y el derecho de igualdad
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-05)
    Cevallos Salguero, Christian André
    ;
    Altamirano Zavala, Andrea
    The present investigation has a purpose is to divide the process of alimony reduction with the objective of guaranteed all of rights of people intervening. The unnumbered article 8 of the Reform Law of Childhood and Adolescence Code mention that in case of the obligor require access to readjustment of the alimony value, he must to wait for the resolution give by the competent, of this form, the State not being guaranteed the right of equality of the obligor and at the same time the principle of procedural speed is being violated. In other aspect, in case of established the reduction of alimony be enforceable since your presentation, the best interest of children was unobserve. During the development, the qualitative-quantitative method will be used because is the best alternative for this type of investigation, having with objective propose a practical and effective solution that contributes directly to society. Finally, is established the solution: to divide the event in two different ways of proceeding: As first, find that the reduction of alimony be enforceable since your presentation only when the obligor present and justify be in critical situations; and secondly, in case of determine that these are not situations that not affect significantly the personal situation of the obligor and he even so requiress access to the reduction of alimony payment, this will be enforceable only after the resolution issued by the judge, this with the only purpose of guaranteeing the best interest of the child.