La valoración de la prueba enfocada a los vicios del consentimiento dentro de la nulidad de acto de reconocimiento de paternidad.

Abstract

The analyzed case consists of a lawsuit filed before the Judge of the Judicial Unit of the Family, Women, Children and Adolescents of the Cayambe canton for Nullity of the public instrument of the act of paternity acknowledgment. Background: The plaintiff in this case decides to take an AND test in a private laboratory, obtaining as a result (negative). This is how the plaintiff decides to sue the 7-year-old child on behalf of this mother, since the plaintiff would have been deceived by false statements of the mother since the beginning of the pregnancy. Once the claim was qualified and admitted for processing, the Preliminary Hearing was convened in which the evidence was announced, within which the individual was not taken into account. And proof was not taken into account as evidence if the plaintiff, as well as it was considered unnecessary to order the practice of a new and proof the process, since the absence of a blood relationship with the recognized not. constitutes evidence for the challenge of the recognition in which the biological truth is not disputed. In the respective trial hearing, once the announced evidence has been evacuated. The Judge Aqua, by means of an order, resolves: "...To dismiss the claim filed by the plaintiff for lack of evidence..." since it has not been demonstrated that there were voluntary defects in the act of recognition of the minor