Aplicación de la acción judicial de privación de patria potestad.

Abstract

The present paper aims to solve a procedural legal problem in matters of minors, within Ecuadorian legislation. It analyses an inconsistency problem of substantive and adjective rules in the action for deprivation of custody, as well as their incorrect application and interpretation by specialized judges in the matter. In order to solve this problem, it was necessary and pertinent to analyze in the first chapter the notions and concepts of Ecuadorian legislation with respect to this legal figure and the legal relationship between parents and children, considering the constitutional principle of the best interests of the child. The second chapter sets out on conflicting rules, the impertinence of preparatory proceedings, as well as the disparity of criteria from judicial pronouncements on this same legal conflict. Finally, as conclusions and recommendations, a legally based solution is proposed on how best to solve this legal problem, in the light of constitutional principles and through reforms to the law.