Abstract

MATIAS CIRINO, Luis Alfredo  and  BATISTA HERNANDEZ, Noel. Impact of the legal principle of the expiration of the enforcement order on the rights to support of children and adolescents in Ecuadorian legislation. Serie Científica [online]. 2024, vol.17, n.10, pp.144-162.  Epub Oct 01, 2024. ISSN 2306-2495.

The research focused on the analysis of the legal principle of the expiration of the enforcement order in the context of child support obligations, examining its impact on the rights of minors. A system for the management of related information was implemented, which facilitated the monitoring of cases and the collection of data that reflected the evolution of a legal reform proposal. Through the analysis of sentences, patterns were identified in the judicial interpretation of the expiration and its implications for the fulfillment of child support payments. Likewise, it was diagnosed that the expiration can negatively affect the child support rights, evidencing the need for reforms that strengthen the protection of these rights. It was proposed to modify numeral 3 of article 139 of the General Organic Code of Processes (COGEP) to extend the validity of the personal enforcement order until the effective fulfillment of the child support obligation, prioritizing the best interest of the minor. In the validation of the proposal by expert criteria, it was found to be highly relevant, allowing the reform to be adjusted to ensure its effectiveness and alignment with the needs of the beneficiaries. The implementation of the computer system that supported the reform proposal turned out to be a fundamental tool for the sustainability of the proposed reform.

Keywords : legal principle; computer system; children's rights.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )