Principio de especialidad en la acción de impugnación del reconocimiento voluntario de paternidad.

Abstract

The right to identity is the constitutive element of the legal affiliation between parents and children; for those born outside the marriage bond, the Ecuadorian State envisages the figure of voluntary recognition for the establishment of filiation; likewise, it provides the power to challenge this recognition. Therefore, the objective is to analyze the principle of specialty in the action to challenge the voluntary recognition of paternity and its application in family procedural matters; since, the power to challenge violates the principle of the best interests of the child and rights, identity and maintenance; In addition to this, the challenge action is regulated by a civil norm without considering the principle of specialty enshrined in the 2008 Constitution of Ecuador that allows resolving antinomies in the abstract or contradictions between legal provisions that generate consequences. The background is Blum's investigations; Villanueva; Machado and Estrada Fernández for the authors, the best interests of the child prevail over matters of civil and family law. The method used is Inductive - Deductive, for the data collection the technique of observation and interview with Judges specialized in Family matters, women, was used. Childhood and adolescence of the Machala Canton of El Oro Province. As a result, it is necessary to reform in the Civil Code the competence of judges in family matters to know and resolve the actions to challenge the voluntary recognition of paternity, maternity, it is recommended to transform the structure of the courts.