CONSECUENCIAS Y EFECTOS JURÍDICOS DE LA IMPUGNACIÓN DEL RECONOCIMIENTO VOLUNTARIO DE LA PATERNIDAD

Abstract

The present investigation approaches the topic of the objection of the voluntary recognition of the paternity in the Ecuadorian juridical system, its juridical effects, challenges and perspectives, with a view to the formulation of a proposal of lege ferenda and of jurisdictional interpretation that perfects the positive classification in this sense and supplement the failure of triple reiteration vinculante in this topic, content in the Resolution No. 05-2014 of the National Court of Justice, standardizing this way practical and coming judicial decisions. It is for it that so much the outlined general objective, as the rest of the specific objectives, they behave - with all intention - toward the maximum satisfaction of the rights and interests of the reconociente and of the grateful one, at the time that the enunciated proposal invites to ponder, equally, principles like the favor filii, the superior interest of the children, girls and adolescents when the grateful one is an or one smaller than age and the artificial security, or inherent rights to the personality like the identity, the intimacy and private life, even the full development of the personality of one and another fellow, taking into non alone account the juridical repercussions, but also the psychological, economic, social and ethical that the topic involves.