Análisis jurídico del dolo como vicio del consentimiento y la acción de la impugnación del reconocimiento voluntario de hijo/a en la legislación sustantiva civil ecuatoriana.

Abstract

The present research paper deals with the exercise of the action to challenge the voluntary recognition of children in the Ecuadorian civil substantive legislation, in which the shareholder deduces his claim adducing the existence of intent as a driving element that leads him to make such recognition. The legal axiom that voluntary recognition of children has the character of irrevocable has been taken as a starting point. However, the shareholders resort to the respective court to exercise the action to challenge the voluntary recognition of their child, requesting the nullity of such recognition be declared, basing the interference of the fraud as a vice of consent by the mother of the newly born to seek registration in the Office Registry. In these terms, the action to challenge the voluntary recognition of children, in addition to directly violating the right to identity, the best interests of children, and legal certainty; it is procedurally inappropriate for the accurrent to announce and objectively and truthfully produce evidence in his favor, arguing in his initial claim the concurrence of harmful elements characterized by the intention of causing damage or confusion on the part of the mother to seek the act of recognition child volunteer.