Sede Azogues - Derecho
URI permanente para esta comunidadhttps://dspace.ucacue.edu.ec/handle/ucacue/82
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Ítem Acceso Abierto Las contribuciones especiales de mejoras en el Ecuador y su afección al principio constitucional de seguridad jurídica(Universidad Católica de Cuenca., 2020) Cabrera Lucero, María Mercedes; Ormaza Ávila, Diego Adrián; 0106199300; ., .Legal certainty is a fundamental principle within the tax field because it must conform with the Constitution for the compliance of the proper laws. In the development of this research; first, a study of the legal certainty importance in the tax regime was given. Then the special contributions of improvements were analyzed, as well as how they are regulated within the Organic Code of Territorial Organization, Autonomy, and Decentralization (COOTAD, in Spanish), which violets the benefit that is the basis of this tax for the construction of public work. Finally, a thorough analysis of the conflict caused by the regulation of this tax against the principle of legal security was conducted, to end providing the conclusions obtained with the development of this work.Ítem Acceso Abierto La custodia compartida respecto al interés superior del niño en la Legislación Ecuatoriana(Universidad Católica de Cuenca., 2020) Cabrera Calle, Karol Andrea; Ávila Cárdenas, Francisco Xavier; 0301672143; ., .Currently, in the Ecuadorian legislation, single-parent custody is recognized for underage children in the case of separation from their parents; this fact restricts the enjoyment of the rights of the boy or girl in their integral development. This situation would be solved with the legal recognition of shared custody, which aims to materialize the joint parental co-responsibility of the father and mother, and allows the fulfillment of the rights of children and adolescents. In this investigation, a legal and doctrinal study of shared custody is conducted concerning the Legal Principle of the Best Interest of the Child, using the inductive-deductive and analytic-synthetic method, taking into account its conceptualization, scope, and incidence in the respect and fulfillment of the rights of children or adolescents, based on International Legal Instruments and the Ecuadorian legal system.Ítem Acceso Abierto Falta de tipificación de la violencia económica contra las mujeres en el Código Orgánico Integral Penal del Ecuador(Universidad Católica de Cuenca., 2020) Andrade Iglesias, Diana Estefanía; Quevedo Quinteros, Ramiro Quevedo; 0350331195; ., .The economic violence against women is recognized since 2018 in the Integral Organic Law to prevent and eradicate violence against women, when it happens the aggressors try to manage their victims in fear and under their control, the limited of the economic resources of women violates their rights and affects their autonomy, empowerment, security, dignity, and well-being; For all the damages that economic violence causes to women, it must be recognized as criminally relevant conduct and be classed in the Comprehensive Organic Penal Code as a criminal infraction to prevent this type of violence and to punish the aggressors, nowadays this problem continues increasing and impunity also exists in our country because the aggressors cannot be punished based on the principle of legality.Ítem Acceso Abierto 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.Ítem Acceso Abierto La inexistencia de la doble instancia en la acción contenciosa administrativa del Ecuador(Universidad Católica de Cuenca., 2020) Álvarez Peñafiel, David Eugenio; Torres Rodas, María Augusta; 0302203922; ., .This article is based on the legal and doctrinal analysls of the non-existence of the second instance in the administrative contentious action of Ecuador, in accordance with the general and specific objectives, it was demonstrated that the lack of application of lodging an appeal in the contentious administrative proceedings violate the due process of the rights of the administrator. lt was determinad that which are consequences and legal effects that are generated by the lack of application of the double conforming, a mention about the violation of the right to appeal and finally the presentation of results obtained inthe investigation is made and the topic is concluded suggesting that a reform of article 256 of the COGEP must be planned, since it is a norm that is not in accordance with the Constitution of the Republic, to draw conclusions of this research work, bibliographic sources were consulted and legal, concretely the General Organic Code of Processes and the Constitution of the Republic of Ecuador.Ítem Acceso Abierto 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.
