Consecuencias jurídicas de la falsa imputación de paternidad en juicios de alimentos para la mujer embarazada en Ecuador.

Abstract

This academic topic is aimed at carrying out a legal analysis on the legal consequences of the false accusation of paternity in food trials for pregnant women in Ecuador, for which I have investigated and analyzed the relevant laws in force, such as: the Code of Children and Adolescents, Ecuadorian Civil Code, Constitution of the Republic of Ecuador. I have structured it in four chapters. In the first chapter I raise the problem, as well as its respective justification, and deal with important issues with are Food for pregnant women with presumptive paternity in Ecuadorian legislation, defining who is who are presumed parents, table for setting alimony to determine values to pay in judgment and the constraints and precautionary measures in case of not complying with what is determined in said judgment., In the second chapter I go on to deal with the issue itself, which is the false imputation of paternity in Food trials for the pregnant woman in Ecuador, determining the abuse of this right, the bad faith that exists when falsely imputing this right, the legal effects of using this right falsely and the moral and patrimonial damage caused. Within the third chapter I carry out an investigation on the determinants that would have to repair said damage as well as make a proposal for reparation, both in compensation and I venture to present an amendment to Art. 149 of the Childhood and Adolescence Code with which we will regulate the problem and we will avoid violation of rights. I have presented the ideas in a clear and simple way, which allows the reader to easily understand the problem and its possible solution, allowing them to get into the idea and provide possible solutions. Once analyzed in the fourth chapter, I can come up with conclusions that are consistent and pertinent to the subject. And finally I can come up with recommendations based on the research done