La restricción de derechos correlativos y vulneración al principio de igualdad ante la declaración judicial de paternidad.

Abstract

The issue addressed in this academic paper is fundamental to ensuring equity and justice within the family sphere. The family, as a foundational institution in society, needs adequate protection and recognition to protect the well-being of its members and overall social stability. In this matter, legislation must be clear and coherent, establishing the rights and obligations of all members of the family without exemption, preventing ambiguities or gaps that could lead to inequalities. It is relevant to emphasize the importance of granting the family the recognition and safeguarding it deserves, particularly in ambiguous aspects of the Ecuadorian Civil Code. These aspects can impact parental rights when filiation is declared judicially. This situation directly affects the principle of reciprocal rights between parents and children, as established in the Constitution of the Republic of Ecuador. Article 25 of the Civil Code, which limits filiation rights in the case of being judicially declared parent, threats a number of legal and social problems. On one hand, it prevents parents from asserting legally recognized rights in situations of severe economic need. This contradicts the principles of family protection and reciprocal rights outlined in the Constitution. Additionally, the lack of coherence in addressing family-related issues within the judicial system can lead to legal uncertainty and inequity in fulfilling family obligations.