Las obligaciones crediticias adquiridas por un solo cónyuge y los derechos de los acreedores .
Ecuadorian legislation has provided that marriage is a solemn contract in which two people unite in order to live together, procreate and help each other, as a result of the conclusion of this contract, the legal figure known as conjugal partnership or property or community partnership, which is mad...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2022
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| Subjects: | |
| Online Access: | http://dspace.unach.edu.ec/handle/51000/9263 |
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Add Tag | Summary: | Ecuadorian legislation has provided that marriage is a solemn contract in which two people unite in order to live together, procreate and help each other, as a result of the conclusion of this contract, the legal figure known as conjugal partnership or property or community partnership, which is made up of the contributions that each of the spouses makes and the acquisition of assets for consideration. From the conjugal society, the goods that were acquired for consideration prior to the conclusion of the contract and the goods that the spouses acquire by donation or inheritance are excepted, in the same way it is foreseen that the spouses may acquire obligations that will help the estate the so-called conjugal society grows for which both parties are obliged to comply. In the event that one of the spouses acquires obligations without the other having knowledge, they will be liable for said obligation with their personal assets, safeguarding the conjugal partnership. The Ecuadorian Civil Code provides for several rights inherent to creditors and is to demand the collection of the obligation that has not been fulfilled, to compensate in the same amount the value delivered to the debtor and to receive compensation when damages have been generated to the creditor due to the lack of compliance, based on these rights, the creditors, in order to enforce their credit, have chosen to resort to the assets of the conjugal partnership, violating the rights of the spouse who was not bound. Now, the same legal body clearly establishes that the breach made by the obligated spouse may be covered with the assets of the conjugal partnership with the exception that only the percentage that belongs to the spouse who breached will be pursued. Respecting in this way the marital heritage. |
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