Jurisprudencia y Ciencias Sociales

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

Examinar

Filtros

2016 - 201912020 - 20251

Ajustes

Tema: search.filters.subject.DISOLUCIÓN

Resultados de la búsqueda

Mostrando 1 - 2 de 2
  • Miniatura
    Item type:Ítem,
    Estudio comparado de la muerte cruzada en la legislación Española y Ecuatoriana
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-02)
    Carvajal Tapia, Anahí Mercedes
    ;
    Espín Meléndez, María Cristina
    The "cross death" is a constitutional mechanism in Ecuador designed to terminate the functions and powers of either the legislature or the executive, with the aim of resolving power struggles between these two branches. However, this mechanism lacks any form of control established by law. In contrast, in Spain, the dissolution of the General Courts (parliament) is a process that must be proposed by the President of the Government and approved by the Council of Ministers as the first filter. The second filter is the King, who issues a decree for dissolution, but this can only occur if there is no motion of censure against the President of the Government. This safeguard is not present in the Ecuadorian constitution, which means there is no mechanism to verify the causes for the dissolution of the assembly. This research aims to compare the "cross death" mechanism, its procedures, requirements, and admissibility in both Spanish and Ecuadorian legislation. To achieve this, a qualitative approach was adopted, utilizing the comparative law method and interviews as the primary technique. An interview guide was used as the research instrument with subject matter experts. The study concluded that the "cross death" process in Ecuador has flaws in its implementation, timing, and procedural aspects. Therefore, it is important to establish controls over this mechanism and to promote democratic education among Ecuadorian citizens.
  • Miniatura
    Item type:Ítem,
    La disolución de la sociedad conyugal y efectos jurídicos en el matrimonio
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-10)
    Naranjo Chérrez, Alexandra Elizabeth
    ;
    Tipantasig Cando, Jaime Tarquino
    Marriage is a contract where you get obligations with your spouse. Heritage, built in assets as well as liabilities which if needed will be divided between the spouses equally. This solemn contract because of its nature has several legal effects arising from the union of the couple, determined like these; Cohabitation, intimate relationship duty, mutual help, fidelity, equality in the eyes of the law according to children, with respect for heritage and belongings . Through marriage, the spouses are subject to the community income property. In which the society requires the cooperation of the couple, in that way there should be cooperation of both spouses who are interested in the prosperity of home as well as the association. The marriage contract made could be separated in relationship to the property management. It could be voluntary or controversial under the law competent Judges. This event is well known as dissolution of the conjugal society, which is the end of the heritage link in relationship under law. This conjugal union annulment marks legally the effects in marriage. The ones, which were cited above, causing problems with the rights of children, property and heritage. Due to that reason, it affects legally to marriage. Sometimes, this is the divorce trigger. I must indicate that once the couple make up the personal or marital problems as well as getting an agreement to restore family trust. Law does not establish a legal alternative to restore the conjugal society, for that reason the present study seeks to establish a proposal for legal reform in order to determine a policy that allows the reestablishment of the marriage contract in order to make it implement legal effects as well as purposes of marriage.