El estatus jurídico del no nacido y su protección constitucional
The present thesis research work is to determine the legal status of the unborn and its constitutional protection, since despite the fact that the Constitution, the Civil Code and the General Organic Code of Processes protect life from conception, there is a legal vacuum of the nasciturus as a subje...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Ecuador |
| Institución: | Universidad Laica Vicente Rocafuerte |
| Repositorio: | Repositorio Universidad Laica Vicente Rocafuerte |
| Idioma: | español |
| OAI Identifier: | oai:localhost:44000/6374 |
| Acceso en línea: | http://repositorio.ulvr.edu.ec/handle/44000/6374 |
| Access Level: | acceso abierto |
| Palabra clave: | Constitución Niñez Derecho Protección social |
| Sumario: | The present thesis research work is to determine the legal status of the unborn and its constitutional protection, since despite the fact that the Constitution, the Civil Code and the General Organic Code of Processes protect life from conception, there is a legal vacuum of the nasciturus as a subject of law that exists in our Ecuadorian legislation, violating its constitutional rights, a reason that distances it from its own legal personality from the moment of its conception, at the same time research methods such as descriptive, inductive, and the logical history to demonstrate the historicity and the fulfillment or not of the goals presented in a determined period of time, and that with the opinion issued by the lawyers in free exercise of the profession, Judge of the Specialized Judicial Unit of the Family, Childhood and Adolescence of Durán, province of Guayas state that the nasciturus is a human being who must have all his rights from the moment of conception without cutting or suspending rights that by nature belong to him, such as the right to water , the air and food that he receives through his mother's womb and that no one can wrongly choose his legal protection and that leads to a legal delay affecting his interests. |
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