La disolución de la sociedad conyugal dentro del matrimonio como mecanismo legal de protección del patrimonio en familias ensambladas.

The purpose of this work is to conduct a study on the rights of blended families as a new social type. A blended family is formed when two individuals from previous marriages, each with children of their own, decide to formally unite in marriage. From that moment onwards, a marital partnership is established where the assets and property constitute jointly for the spouses, but not for the children of each spouse from previous relationships. Disputes arising primarily from property issues often lead married couples to opt for the dissolution of the marital partnership as a mechanism to protect individual property interests, focusing on safeguarding their own rights and those of their respective children. Within this context, it is important to conduct an analysis to determine whether this mechanism of dissolving the marital partnership while maintaining the marital bond is effective and efficient in protecting the rights of members of a blended family. While it is true that Ecuadorian civil legislation in the Civil Code, Book I, covers everything related to individuals and families, defining clear legal institutions such as marriage, de facto unions, divorce, marital dissolution, etc., it does not specify types of families. However, the variety of family forms has been socially recognized through various acts because we must not forget that customary law is one of the primary sources of law. For example, the Constitutional Court has legally recognized equal marriage, where one of the many types of families emerges, namely, the same-sex parenting family. The need to safeguard the assets of family members is part of the comprehensive protection that families should have, and it is a primary duty of the state. Through 5 norms and laws, the state regulates social relationships and establishes rights as effective measures of immediate protection. Therefore, analyzing the dissolution of the marital partnership as a mechanism to protect the assets of blended families is innovative given the aforementioned social advances. The research methodology employed is both qualitative and quantitative, utilizing a dogmatic and interpretative approach to constitutional and legal norms. This research is considered basic and descriptive according to institutional regulations. Through these methods, a response to the problem is provided based on the best possible reconstruction allowed by the legal materials available. Additionally, since the social phenomena studied in this work are measurable and quantifiable, I will measure and establish causal relationships between variables to explain the research problem and current social reality. Keywords: Blended family, equity, protection rights, family assets, dissolution of the marital partnership.

• Main Author: Chela García Katerin Lisbeth (author)
• Format: bachelorThesis
• Published: 2025
• Online Access: https://dspace.ueb.edu.ec/handle/123456789/7960