Revocatoria voluntaria de la disolución de la sociedad conyugal ante notario en el Ecuador

With the solemnity of marriage, the marital property regime is established. According to Ecuadorian legislation, the marital property regime can be dissolved at the request of one spouse or by mutual consent, without terminating the marriage contract. However, once the dissolution materializes, it c...

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Auteur principal: Jhayya Garces, Andrea Estefanía (author)
Format: masterThesis
Langue:spa
Publié: 2025
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Accès en ligne:https://dspace.uniandes.edu.ec/handle/123456789/19158
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Résumé:With the solemnity of marriage, the marital property regime is established. According to Ecuadorian legislation, the marital property regime can be dissolved at the request of one spouse or by mutual consent, without terminating the marriage contract. However, once the dissolution materializes, it cannot be changed. The purpose of this research is to propose legal guidelines within Ecuadorian notarial regulations to provide solutions for individuals who dissolve their marital property regime and wish to revert to their previous legal status. Also, there is no regulation for the voluntary revocation of the dissolution of the marriage property regime before a notary in Ecuador, which is an obstacle for those who wish to restore their previous property regime. When spouses undergo marital separation, Article 221 of the Civil Code allows for the termination of the separation by mutual consent of the spouses, restoring their rights, obligations, and marital property regime. Based on the will and consent of the parties involved, the notary could be empowered to declare the revocation of the dissolution of the marital property regime.