El cambio de apellido por posesión notoria y el derecho a la identidad personal y colectiva

Abstract

ABSTRACT The present investigation was carried out on "The Change of Last Name by Notorious Possession and The Right to the Collective Personal Identity". In the elaboration of this project a thorough study was made both of the antecedents, characteristics, and other ways in which a person can freely change or choose his surname; An analysis was also made of how the right to personal and collective identity is violated with reference to the free choice of surnames, since to be able to carry out the change of surname it is necessary that the notorious possession be proven. It is necessary to propose alternative solutions in order to correctly apply the right to identity and the freedom to choose surnames. In order for the research to be correctly carried out, it is necessary to take a sample of the population so that, in order to have a broader approach to how the project is to be carried out, and to see who are the ones who would benefit from the problem solution proposed in this investigation. With all the research developed, a proposal can be made in which it benefits the entire population affected by the violation of the Right to Identity by applying the regulations of the Organic Law of Identity and Civil Data Management, which states that to carry out the change of surname must prove its notorious possession, for which it was proposed alternatives in which it is focused to grant a solution, and through this people can change, modify and choose the order of their surnames freely, that is exercising the right that people have to the personal identity, to the free election of their surnames. The purpose of the proposal is to reform the Organic Law of Identity and Civil Data Management, so that this law establishes in its regulations the correct way in which the right to personal identity can be applied with the free Election of the surname established in the Constitution of the Republic of Ecuador. Therefore, the right to personal identity in reference to the change or modification of the surname has been studied in a profound and extensive way to be able to apply in a correct way this constitutional right that we as Ecuadorians all have and which is of fundamental application within the Ecuadorian legislation.