La imposibilidad de demandar el divorcio por incapacidad superviniente frente al derecho del otro cónyuge al libre desarrollo de su personalidad, en Guaranda, 2023.
This research examines the contradiction in Ecuadorian law between the right to divorce and the right to free personal development when one spouse suffers a supervening incapacity. The legal dissolution of a marriage is known as divorce. This legal process breaks the conjugal bond established betwee...
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| Format: | bachelorThesis |
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2025
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| Online Access: | https://dspace.ueb.edu.ec/handle/123456789/8312 |
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Add Tag | Summary: | This research examines the contradiction in Ecuadorian law between the right to divorce and the right to free personal development when one spouse suffers a supervening incapacity. The legal dissolution of a marriage is known as divorce. This legal process breaks the conjugal bond established between two people, requiring the resolution of matters such as the division of property, parental responsibility and child support, if any, and other financial agreements. Divorce grants each person the freedom to restructure their life, both legally and socially, allowing them the possibility of remarrying in the future. On the other hand, supervening incapacity describes a situation in which one of the spouses, after the wedding, experiences a decrease in their physical, mental, or psychological capacities that were not present at the time of the marriage. This new condition, which can be temporary or permanent, can arise from an accident, illness, or other circumstances. Article 126 of the Civil Code prohibits divorce under these circumstances, potentially restricting the autonomy of the healthy spouse. The study examines how this prohibition affects the right to free personal development of the unaffected spouse, seeking a balance between the protection of the incapacitated spouse and the autonomy of the other. The legal provisions on divorce in Ecuador, the scope of Article 126, and the consequences of its application in jurisprudence will be explored. The hypothesis proposes that a legal reform allowing divorce in cases of supervening incapacity, under certain conditions, would better protect the right to free personal development of both spouses. 4 To construct the theoretical framework of this research, a questionnaire was used as a data collection method. This tool allowed obtaining the necessary information to establish the conceptual bases of the study. Keywords: divorce, supervening incapacity. |
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