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Responsabilidad civil por descubrimiento de falsa paternidad en el matrimonio
(Universidad Católica de Cuenca., 2020) Altamirano Bravo, Fanny Cecilia; Ávila Cárdenas, Francisco Xavier; 0301180048; ., .
This research work is within the framework of Law and Administration of Justice, regarding the study of civil liability for the detection of false paternity in marriage, it allows to remedy non material and patrimonial damages to whom is attributed paternity that does not correspond, generated from a legal presumption, as well as the legal, social, and affective consequences for the abuse of rights, by attributing to the husband a false existence of biological bond with the child. The lack of legal mechanisms to establish civil liability and quantification of the damage caused by the improper attribution of paternity demonstrated with the DNA biological test violates the fundamental rights of the husband.1n this work research, legal, doctrinal, and jurisprudential positions are presented on the controversial aspects based on case studies and comparative law; and, the need to categorize exhaustively in our regulations the reparation of liquidated damages.