Union Libre Codigo Civil Ecuador
'common law marriage' is the answer.Explanation:Implications/comparison of common law marriage in Mexico vs. The U.S.Many states in the union provide legal guarantees to couples living together under common law for at least two years, or if there are children. However, not all states provide guarantees to such couples, Oregon, for instance, does not legally recognize these unions.One of the most important implications is in regards to the legality of the union and children. While in the U.S. A mother can choose any name that the children will have, and there is a 'Paternity Affidavit' declaring the paternity born to unmrried couples, in Mexico, a child born 'out of wedlock', from cohabitation (or concubinato) are considered 'natural' children; or the children of single mothers; and state's birth certificates still bear the question which bastardizes children born out of the legal institution of marriage. Although societal perceptions of single motherhood and cohabitation have changed a little towards more acceptance, there is still a stigma for such couples. Women who are married are endowed with legal rights, while women who are not married cannot claim full rights for themselves or their children.Local time: 15:32.
Article 6 of its family code, very clearly establish that marriage is a free union between a man and a woman and that only civil marriage is legal, does not admit the union of done in its legal regulations. KEY WORDS: The facto society, legal protection, law Ecuadorian, marriage, common-law union. Antonella del Ecuador. Sacamos un documento de union libre pero aun no. Hacer saber ante el registro civil que el tiene union de echos y si el tendria.
Legal Analysis Organizational FormsAccording to Article 4 of Decree No. 193 there are three types of CSOs:. Corporations;.
Foundations; and. Other structures of national or foreign social organizations.Article 9 of Decree No. 193 also states that corporations will be classified in the first, second, and third degree:1. Corporations of the first degree are those that bring together individuals under a common goal and include associations, clubs, committees, professional associations, and centers;2. Corporations of second-degree are those that bring together multiple corporations of the first degree, such as federations, chambers, or unions; and,3. Corporations of third-degree are those that bring together multiple corporations of the second degree, such as confederations, national unions, and similar organizations. Public Benefit StatusThe tax law and its corresponding regulations exempt CSOs dedicated to public benefit, religious activities, women, children and family development, culture, arts, education, research, health, sports, professional, unions, indigenous people, cooperatives, federations, confederations and other associations of peasants from paying the annual income tax.
To receive this exemption the CSOs must satisfy the following requirements: (i) income from donations must be less than 15% of total income; (ii) the organization must be a nonprofit organization; (iii) all income must be dedicated to the object of the organization; and (iv) any excess income should be re-invested in the organization. There is no special tax treatment for income from foreign sources. Barriers to EntryDecree No. 982 included several provisions that increased barriers to obtain legal status for CSOs. First, CSOs could not obtain legal status without possessing at least USD 4000 in the case of second- and third-degree organizations or USD 400 for first-degree organizations.
Second, the Decree mandated that all of a CSO's members be individually identified on an internet-accessible registry in order for the CSO to legally exist.Decree No. 193, which superseded Decrees No. 16 and 739, maintains the former's burdensome provisions for organizations to obtain legal entity status.hic Decree No. 16, which itself succeeded Decree No. 982, created more burdensome provisions for organizations to obtain legal entity status. There were three critical points in Decree No. 16:.
CSOs must prove they possess assets in kind or cash as follows: first-degree corporations must prove assets in kind or cash of USD 400; and second- and third-degree corporations and foundations must prove assets in kind or cash of USD 4000. However, a social organization is exempt from this asset requirement if its objectives are in the 'defense of rights.' .
All bylaws must respect the conditions established by the Decree for the authorities to approve organization. The organization must submit the nationality, general data, and identity cards of all its members to the registry.In addition, The Ministry of Economic and Social Inclusion published Ministerial Agreement No. 12 on October 25, 2016 to repeal or abrogate the former Ministerial Decision No. 00366 of 2014. The new Ministerial Agreement stipulates that civil organizations that work and develop activities within the field of competence of the Ministry of Economic and Social Inclusion will only have their statutes approved and obtain legal personality if their aims and objectives are framed in terms of the following: defense of groups of priority attention or populations that are in a state of poverty and vulnerability, promotion of development and social mobility, or strengthening the economy. These aims and objectives are based on the Statute of Organizational Management by Processes of the Ministry of Economic and Social Inclusion.An Instruction Notice in February 2015 also established standardized procedures for the transfer of social organizations' files as a means to implement the Regulation for the Unified System of Social and Civic Organizations Information Functioning. Barriers to Speech / AdvocacyPresident Rafael Correa continually criticized and verbally attacked CSOs for being out of control and political pawns that are being used against him and his government.
His statements helped create a hostile atmosphere for civil society and may have resulted in chilling CSO advocacy activities. Similarly, President Correa cracked down on media outlets that criticize his policies and decision-making. For example, he sued a media outlet that criticized his handling of a protest in 2011 and deployed his lawyers to pressure the judges to rule in his favor.In addition, in October 2013, a tweet from the official account of the Presidency quoted President Correa “criticizing NGOs that do not contribute to overcoming poverty” after CSOs appeared before the Inter-American Commission on Human Rights (IACHR) to denounce restrictions on freedom of association and expression in Ecuador.
Senior government officials and supporters also attacked the CSO representatives who appeared before the IACHR on Twitter and in the press as politicians, owners of newspapers, and recipients of foreign funding. President Correa also criticized CSOs such as Foundation Pachamama and other environmental groups on his weekend radio program for protesting against negotiations with international businesses over gas and oil exploitation rights in Ecuador's indigenous territories. After this criticism, the government shut down Pachamama for violating the provisions of Presidential Decree No. 16, namely 'interfering with public policies that undermine internal or external State security that might affect public peace.' The government confirmed the closure and dissolution of Pachamama once all judicial measures were exhausted.
Barriers to International ContactIn July 2014, three foreign activists were detained under the pretext that the government needed to check their immigration status. The activists were associated with the environmental CSO Foundation Pachamama, which was shut down in December 2013 for 'interfering with public policies that undermine internal or external State security that might affect public peace.'
These arrests could deter foreigners from carrying out activities with CSOs in the country.In addition, the National Service of Ecuadorean Customs can control foreign transactions with CSOs. Barriers to ResourcesThere are no legal barriers to seek and secure resources. However, the government at any moment may ask corporations and foundations for their economic reports whenever they deem necessary. Barriers to AssemblyThe Constitutional provisions governing assembly include:Art.
66.13: The State recognizes and guarantees the people the right to associate, meet, and demonstrate or protest freely and voluntarily.Art. 98: Individuals and groups may exercise the right of resistance against acts or omissions of public authority as well against natural or legal persons that violate or may infringe their constitutional rights and may claim or demand the recognition of new rights.There is no specific law on assembly or public gatherings, but there are laws that affect this right:. The Organic Code of Territorial Organization, Autonomy and Decentralization places municipalities or city halls and rural governments in charge of promoting the association of micro-entrepreneurs. Municipalities are also responsible for the use of public spaces, so if there are public gatherings, demonstrations, or marches, the organizers must ask for the Municipality’s permission. The Penal Code sets forth the police duty to guarantee all kinds of civil or religious associations and entitles the police to prevent and dissolve those that have as their objective to disturb the peace or commit an offense.
Police authorities shall determine appropriate measures applicable to the case.There are several key barriers that affect the freedom of assembly:Advance PermissionIf an assembly, protest, or public gathering is planned for a public place, the organizers are required to secure permission from the municipality and the Police Superintendent within the Ministry of Interior. There are no regulations, however, regarding how many days before holding an assembly, protest, or public gathering that notice is required or what information the organizer must provide.There is no fixed period of time in which the regulatory authority must respond to the application. However, there is a general regulation for all the executive authorities, as well as the Police Superintendent, to respond to any petition within 15 business days.
There is a presumption of approval where the authority does not respond.Since advance notice is required, spontaneous demonstrations are not allowed. Indeed, the Penal Code in Article 153 states that 'Whoever promotes, directs or organizes parades or public demonstrations in streets, squares and other open spaces, whenever done without written permission from the competent authority, shall be punished with imprisonment of one to three months and a fine of nine to twenty-six dollars of the United States of North America.' Time, Place, Manner RestrictionsIn ordinary circumstances, there are no prohibitions for assemblies at any place or time.
Codigo Civil Del Ecuador Pdf
However, according to the Constitution, the President can declare a state of emergency in the entire country or in certain parts of the country when there are “severe external or internal conflicts.”Criminal PenaltiesUnder the newest Penal Code regulations, Articles 345 and 346 establish sabotage and paralyzing public services as 'crimes against the constitutional state structure.'