Examinando por Autor "Crespo Jara, Erika Salomé"

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    La imposibilidad de determinar la ingratitud como causal para revocatoria de la donación en la Legislación Ecuatoriana
    (Universidad Católica de Cuenca., 2020) Crespo Jara, Erika Salomé; Zamora Vázquez, Ana Fabiola; 0302025481; ., .
    A donation is a legal act in which one person delivers property to another without compensation, and there must be the corresponding acceptance for it to take place. The donation is irrevocable with certain exceptions such as the ingratitude of the donator, conceived as an act of bad faith against the donor that can be the violence of various kinds or an offense against the dignity. The general objective of this research is to analyze, based on theoretical and documentary foundations, the legal figure of donation and ingratitude as a way to revoke it in Ecuadorian legislation so that it allows the establishment of behaviors that prove the ingratitude. To achieve this objective, a work was proposed with a qualitative approach using deductive-inductive, analyticalsynthetic, and comparative law methods; legal texts, doctrine, and analysis of judicial judgments were used as sources of information. It was demonstrated that the Civil Code should be reformed so that the revocation of the donation due to ingratitude has as explicit causes the denial of alimony, refusing help to the donor, and psychological abuse demonstrated through testimonies and expert evidence, in addition to those that are already established, to guarantee a more specific interpretation of the judges in cases of this type.