Browsing by Author "Coello Guerrero, María Elena"

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Adopción monoparental: divergencia entre el principio de adopción establecido en el art 153 numeral 3 del CONA y la vulneración de derechos por el reconocimiento constitucional de diferentes tipos de familias
(Universidad de Cuenca, 2023-03-01) Jaramillo Carrasco, Daniela; Coello Guerrero, María Elena
The present research work takes into account the legal reality of the institution of adoption in relation to the recognition of different types of families, specifically in relation to single-parent families. The 2008 Constitution of the Republic of Ecuador establishes a broad catalog of rights, among them, Article 67 recognizes the right to family. This right encompasses the recognition of different types of families, including single-parent families. However, this right contrasts with the adoption principles established in the Organic Code for Children and Adolescents, specifically the one established in numeral 3 of Art 153. It is from this divergence that we pose the following question: Does the existing divergence between the constitutional recognition of different types of families, and the principle of adoption established in Art 153 numeral 3 of the Organic Code of Childhood and Adolescence, violate rights? Undoubtedly, to answer this question we will analyze the institution of adoption with its regulation in our legal system, the constitutional recognition of different types of families, whether or not there is a violation of rights due to this divergence and finally a proposal for the reform of Art 153 numeral 3 of the Organic Code of Childhood and Adolescence.
Análisis de los criterios desarrollados en la sentencia No. 28-15-IN/21 que declara la inconstitucionalidad de los numerales 2 y 4 del art. 106 del CONA y su aplicación en los casos de fijación de la tenencia de niños, niñas y adolescentes por parte de los jueces del cantón Cuenca
(Universidad de Cuenca, 2025-09-20) Chalco Miranda, Andrea Patricia; Coello Guerrero, María Elena
This research addressed the legal issue arising from the application of the jurisprudential criteria established by the Constitutional Court in ruling No. 28-15 IN/21, which declared the unconstitutionality of items 2 and 4 of Article 106 of the Organic Code of Childhood and Adolescence. The general objective was to legally and constitutionally analyze how these criteria are being applied in custody cases involving children and adolescents in the canton of Cuenca, with emphasis on the guarantee of the principle of equality, the best interests of the child, and parental co-responsibility. To achieve this goal, a qualitative approach was used, with an exploratory and explanatory level of research, supported by the hermeneutic-legal method. The research design was descriptive and analytical, allowing for a detailed review of relevant documentary sources, such as the constitutional ruling and applicable regulations. A comparison was also made with Spanish legislation to contrast models and criteria applicable to custody decisions. Among the most relevant findings, it was observed that judges in the canton of Cuenca do not uniformly apply the criteria established in the ruling, with some decisions still influenced by gender stereotypes and a lack of sufficient legal reasoning. Although some progress has been recorded in certain rulings regarding the assessment of the best interests of the child and parental co-responsibility, the practical implementation of constitutional jurisprudence remains limited. It was concluded that judicial training must be strengthened and clear guidelines developed to ensure the effective application of the principles established by the Constitutional Court.
Análisis del interés superior del niño, niña, y adolescente en los procesos de adopción dentro del Cantón Cuenca
(2018) Naula Muñoz, Silvia Marisol; Coello Guerrero, María Elena
In this work a legal and social analysis will be carried out on the Higher Interest of the Child in the Adoption processes, in its Administrative and Judicial phases in the city of Cuenca, in such a way that we will mention the children and adolescents, who are the holders of this right; State institutions responsible for guaranteeing the principle of the Higher Interest of Children and Adolescents, such as: the Ministry of Economic and Social Inclusion (MIES), through its Technical Adoption Units and the Family Assignment Committees, who are in charge of the adoption process in its administrative phase, the Judges and Judges of the Family, Women, Childhood and Adolescence Unit in charge of the Judicial phase, likewise the historical development will be analyzed, in order to reach the principle of Higher Interest of the Child ; such a way that the research project aims to analyze if the Higher Interest of the Child is being guaranteed and protected in the Adoption processes in the city of Cuenca
Analisis histórico de algunas instituciones del Código Civil respecto a las personas
(2016) Muñoz Quezada, Julio Andrés; Coello Guerrero, María Elena
Taking account that our Civil Code is eminently Romanist, It has opted for a study of their roots, that is properly of the same Roman Right andcomplete compilation that underlies the Institutes of Justinian. In this analysis of the book of ther persons we se the changes that often the rules as well as the creation of laws starting from social needs; the subsequent evolution of these institutions through the centuries and as it has influenced other legislation until the Napoleonic Civil Code where the achievements of the revolution, which in turn would lay the groundwork for Don Andres Bello prepare the Chilean Civil Code are encoded. In our Civil Code we see how this has been nourished by the various codes and laws and even social changes to culminate with the laws that govern us, comparing the similarities and above all the great differences which over the years have given off the Institutes of Justinian; and how despite this continuous adaptation and evolution we still have examples of standards from certain points of view violate principles established in the Constitution.
Análisis: factibilidad de la tenencia compartida en el Ecuador
(2017) Zaruma Carrión, Marieta del Rocío; Coello Guerrero, María Elena
The investigation “Feasibility of Joint Custody in Ecuador” analyses the minor’s custody as a result of a separation and a divorce of the progenitors, in the context of the actual legislation that anticipates the application of a sole custody, for the cases of family breakdowns that involved children under eighteen years of age. New social requirements, demand a change in order to establish a new figure based on the Joint Custody; central topic of the investigation, that it seeks to gather necessary arguments to justify the reason why this type of custody is very beneficial for the minors and their best interests, as well as for their divorced, or separated, parents and their rights to share upbringing in equal conditions. Lastly, you will find in the text a national law analysis that enables the inclusion of this legal figure within our standing legal framework.
La aplicación, objetivos y ejecución de la cláusula penal en los contratos
(2015) Ibarra Pacurucu, Diego Xavier; Coello Guerrero, María Elena
Through the present document we cover essentially the theory of the obligations with penal clause according with the Ecuadorian civil code, and the concept and analysis made by important scholars of private law. Includes a descriptive part with the background and historical development of this important institution, continuing etymology, general concepts and specific, making an analysis of each of articles contained in Title XI of Book IV of our civil code, in which the obligations are treated with penalty clause. Their classification, characteristics, effects, functions, objectives and conditions to be used to provide a penal clause in analyzed. To conclude, we note that by having this institution relation to compensation, it should include de differences that have the penal clause with alternative obligations, optional, conditional and earnest; like also on its extinction and enforceability.
Las asignaciones forzosas en la Ley Civil ecuatoriana
(2016) Llivichuzca Guapisaca, Tania Elizabeth; Coello Guerrero, María Elena
The present work was prepared with the intetion of determining which are the forced assignments that can be realiced to respect the testator in his will, as in the case that the deceased has dependents and a surviving spouce with a right to the conjugal portion, has the obligation to protect them due they can not be homeless after his death, then the testator should prepared this assiggnments in favor of the above mentioned people, in additon our law is pronouncing on this situation, to establish the percentage and determine who are the beneficiaries of the patrimony of the deceased If the testator ignores these legal provisions, will be the same law which supplement their willingness even to the damage of the express testamentary expressions, and divided the heritage of the deceased into four parts which are: a quarter by concept of improvements, the fourth part by concept of legitimate and the fourth part of free disposition, in this way, we can say that the law limits the Faculty of disposition of the property that the owner has.
COVID 19 y la responsabilidad civil contractual en la legislación ecuatoriana
(Universidad de Cuenca, 2021-04-21) Álvarez Guachichulca, Gabriel Bernardo; Coello Guerrero, María Elena
The purpose of this project is to disclose the exercise of rights and the legal effects of acts carried out by people who are in a contractual relationship, at the time of the Covid-19 Pandemic. As well as its consequences and legal effects, the responsibility for non-compliance of one of the parties and the exclusion of the responsibility that could or could not be generated, due to the pandemic. Thus, the constitutional and legal provisions that will serve as a guide to respond to this problem are analyzed. Certainly, the pandemic has left consequences for people, at first, we can see that it has affected and threatened people's lives, but also has also affected their economic, emotional, social, and legal field. In terms of contractual liability in this time of pandemic, this has created a legal gap that could not be prevented by the legislature, since the situations that may arise in this time are innumerable and complex. This legal uncertainty, is due to the fact that our legislation considers force majeure as a defense or mitigation of liability, a cause in which several contracting parties seek to exempt themselves from liability and fail to comply with their obligations in a supposedly legally justified manner. Ecuadorian civil legislation establishes as an example some cases in which we could subsume them to the norm, in those cases force majeure would act as an exemption from contractual civil liability. However, this regulation must be analyzed deeply, not in an isolated way, but in conjunction with the cases that arise due to the pandemic. Only in this way can an appropriate solution be identified, which protects the rights of the contracting parties, in a situation of this type, since they will undoubtedly appear in the daily life of the facts
Desigualdad en los derechos hereditarios de los adoptantes con respecto de los adoptados
(Universidad de Cuenca, 2024-02-29) Remachi Villa, Andrés Ismael; Coello Guerrero, María Elena
The research reflected in this degree work is directed to the analysis of a possible violation of the rights of the adopting parents with respect to the adopted children, specifically those related to inheritance. The article subject to study, and the one that contains this possible inequality, is Article 327 of the Ecuadorian Civil Code. This precept exhibits two legal institutions, whose observation is indispensable for a clear conclusion. The first one is Adoption, which grants the adoptees and the adopters the same reciprocal prerogatives and duties as if their bond were of blood. On the other hand, Succession by Cause of Death, excludes the hereditary rights of those conferred by adoption. So it is necessary to compare these figures and the norms that regulate them, this means that the Civil Code and the Organic Code of Childhood and Adolescence will be analyzed, taking into account the current constitutional text, concluding whether or not such inequality exists and if this answer is positive, proposing a reform to the content of the aforementioned article 327 of the Civil Code.
El divorcio, sus procedimientos en el código orgánico general de procesos
(2017) Palomeque Murillo, Christyan Omar; Coello Guerrero, María Elena
Since very remote times, the ways through which a marriage can be terminated has been regulated, in that the divorce has been a very important figure. This monographic work has as an object to study, in general terms, the divorce and the proceedings, for those that are found regulated in our standing legal framework, in which it has established a preponderantly oral system for the trial proceedings in all of its instances, stages, and diligences except for the procedural acts that must be made in writing. The present investigation aspires to provide to the society a knowledge about the actual standing proceedings for the termination of a marriage. To do so, a divorce study has been conducted as one of various ways to terminate the marriage bond, in order to determine, in each case, which would be the correct path to follow to obtain it, in doing so, it has been taken in consideration the amendments fulfilled the Civil Code and the General Organic Code of Processes, doctrine, with the understanding to give an updated vision in order that, students, professionals, and the society in general have a guide in pertinence to this theme.
El domicilio como factor de conexión en el Derecho Internacional privado
(2010) Torres Coronel, Kety Janet; Coello Guerrero, María Elena
El acogimiento institucional como medida de protección: análisis de su efectividad y repercusión en la vida digna de los NNA en la ciudad de Cuenca en la actualidad
(Universidad de Cuenca, 2024-02-28) Delgado Berrezueta, Silvana Gilda; Coello Guerrero, María Elena
In this paper an analysis is made about the Institutional Foster Care as a temporary measure of protection, which is ordered by the judicial authority. This measure, being a measure of last resort, must be suitable, necessary, proportional and with a legitimate purpose, which is adopted in favor of the child when there has been or there is an imminent risk of a violation of their rights, in addition, absolute priority must be verified, best interests of the child, valid details to be considered at the time the measure of protection. This study focuses on the norms that regulate and protect the rights of children and adolescents; The study focuses on the Ecuadorian State, the Constitution of the Republic, the Code of Children and Adolescents and especially on the regulations in force in the city of Cuenca that regulate the procedure and operation of the foster homes for children and adolescents (MIES), If there is no reinsertion, there is no satisfaction and therefore, the ultimate objective of the protection measure of institutional foster care will have been ignored and the permanent respect of their rights will not have been ensured, so that children and adolescents can have a dignified life.
El matrimonio igualitario en el Ecuador: avance o retroceso, en cuanto a su regulación
(Universidad de Cuenca, 2023-05-24) Celi Quezada, Byron Gabriel; Coello Guerrero, María Elena
According to the article 81 of Ecuadorian Civil Code and article 52 of the Organic Law for the Management of the Identity and Civil Data (LOGIDC), before its reforms in the year 2019, marriage in Ecuador was celebrated only between a man and a woman, a bond that still find guaranteed in the Ecuadorian Constitution of 2008 in its article 67. Of this way, to speak of equal marriage was not possible, due to the common-law union, a figure recognized in the Magna Carta from 2008, guaranteed the union between same-sex couples, as well as, the union between heterosexual couples, what did it generate rejection among LGBTI minority groups. In June 2019, Ecuador welcomed a new concept of marriage, and recognized Equal Marriage through the issuance of two Constitutional sentences, in which contain a strong analysis about the Advisory Opinion OC-24/17 issued by the IDH Court, as the body responsible for the analysis of the American Convention of Human Rights, and which approved marriage between same couples; it is worth mentioning, the analysis of the Ecuadorian internal regulations, that avoided a Constitutional reform in its Article 67. Thus, the struggle of LGBTI minority groups, in relation to the recognition of their right to can access to marriage as any normal couple, today it´s found duly recognized in Article 81 of the Ecuadorian Civil Code like in Article 52 of the Organic Law of Management of the Identity and Civil Data.
Estudio jurídico de los atributos de la personalidad
(2015) Reinozo Delgado, Franklin Alexander; Coello Guerrero, María Elena
In this monograph, "Legal Study of the Attributes of Personality" proceeds to the study of the set of rights that protect the individual, for the simple fact of being. All without distinction have attributes inherent to human nature, born with certain rights that must accompany them throughout their lives, the same that are not spent, or sold, or are transmitted and allow the human being present as a unique and unrepeatable being in society. In the present research work is analyze each of these attributes and the treatment given to them in the Ecuadorian legal system, separately through each chapter: starting with the name, which will be studied in the first chapter, continuing the marital status will be developed in chapter two, the capacity will be studied in chapter three and finally proceed to the analysis of the address in the last chap.
Factores de conexión en el Derecho Internacional privado. La nacionalidad
(2010) Arévalo Chuchuca, Martha Alexandra; Coello Guerrero, María Elena
Las formas de alegar la prescripción adquisitiva de dominio en el Ecuador
(2016) Chuma Quizhpi, Luis Antonio; Coello Guerrero, María Elena
In my opinion, and due to the analysis of the legal regulations applicable to this judicial figure, I consider thatthe legal provisionas a WAY to acquire the possession; gives the property to a person by the simple fact that he or she has possessed a thing during the time that the law determines and under the requirements that it indicates. For the regular provision, the requirement is the Legal Property Title and, in the case of an extraordinary provision, the requirement is the possession of a thing as his or her owner without being necessary that it comes from a Legal Property Title. Nowadays, most of the legislations accept and define legal provision as a way to acquire the possession as well as a way to extinguish actions and rights. Besides, in order that the acquisitive provision take place, it is necessary that a person owns a property as his or her owner during a determined and uninterrupted time. I must indicate thatin both kinds of provision, the two elements (possession and time) are common and invariable. It must be alleged: It produces its effects not only when the time determined by the law expires, but when a trial has legal validity. The requirements to have an acquisitive provision are: the thing that is going to be acquired has to be lapsable, the possession has to be continuous and uninterrupted, the possession process has to be pacific, and the possession has to be public and the possession by the passing of the time determined by the law.
El genocidio, los delitos de guerra, de lesa humanidad su alcance en la aplicación de la legislación nacional
(2010) Torres Maldonado, María Augusta; Coello Guerrero, María Elena
Impacto jurídico de la Resolución No. 012 – 17- SIN – CC emitida por la Corte Constitucional del Ecuador en su primer año de vigencia
(2019-02-11) Orellana Sarmiento, Juan Leonardo; Coello Guerrero, María Elena
In 2017, the Constitutional Court of Ecuador issued Resolution No. 012 – 17 – SIN – CC, which brought several changes regarding the enforcement measures in matters of children and adolescent’s meal. The objective of this research work is to determine, after a year of validity, what the practical consequences of these reforms have been, and whether they protect or violate the best insterests of the child. In order to achieve this knowledge, in the development of this research will study the general aspects of the right to food, the principle of the top interests of the child, moreover an analysis of the Resolution 012 – 17, in order to reach the conclusions and necessary recommendations.
Incidencias jurídicas de la extinción del parentesco por afinidad tras la disolución del vínculo matrimonial en el ordenamiento jurídico ecuatoriano. Un análisis a partir de la sentencia N.º 0001-11-SIN-CC
(Universidad de Cuenca, 2025-03-06) Domínguez Alvarracín, Evelyn Lizeth; Coello Guerrero, María Elena
The family is a fundamental pillar of society and, as such, requires adequate protection by the State. However, with the partial elimination of the first paragraph of Article 23 of the Ecuadorian Civil Code, the concept and duration of kinship by affinity has been modified. Before this reform, affinity ties persisted even after the dissolution of the marriage bond. With the regulatory change, these ties are extinguished with the end of the marriage, generating significant implications in various aspects of the law. The general objective of this research is to analyze the legal effects derived from the declaration of unconstitutionality. It was developed through a qualitative approach, using the analytical- synthetic method, with a descriptive and documentary design. Observation techniques and analysis of legal, doctrinal and jurisprudential content were used. The study showed that the decision of the Constitutional Court, by not adequately considering the legal implications of the reform, has had a significant impact on the Ecuadorian legal system. Consequently, it is concluded that a revision of this ruling is necessary to modulate its effects and guarantee a balance between the protection of the family and constitutional principles.
La insolvencia: análisis de sus efectos jurídicos en el Ecuador
(2016) Chuisaca Flores, Aida Marlene; Coello Guerrero, María Elena
This monograph aims to provide society an analysis of the legal status of insolvency in natural persons not traders, according to the new General Organic Code of Processes, which entered into force in our legal system on May 26th, 2016 and innovated the whole written procedure, so that, since then, it is carried out through the oral system or by hearings; And this is the reason we will begin by alluding to the background of the insolvency law, and then focus on our system and indicate how its procedure should be in terms of type of insolvency proceedings, insolvency classes and their due restitution to the previous state; Giving to know, in this way the subjects that are of vital importance in this situation.