Divorcio incausado en el Código Civil Ecuatoriano, como forma de terminación del vínculo matrimonial
This article is aimed to analyze Uncaused Divorce, which had its origin in Roman affectio maritalis doctrine and it was developed from Europe to America in modern times, however, it is a new and controversial legal concept among jurists because spouses don't need a reason to suit divorce and it...
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| Format: | bachelorThesis |
| Idioma: | spa |
| Publicat: |
2019
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| Matèries: | |
| Accés en línia: | https://dspace.uniandes.edu.ec/handle/123456789/19273 |
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Afegir etiqueta | Sumari: | This article is aimed to analyze Uncaused Divorce, which had its origin in Roman affectio maritalis doctrine and it was developed from Europe to America in modern times, however, it is a new and controversial legal concept among jurists because spouses don't need a reason to suit divorce and itis only necessary the unilateral volition of one of them. That's why the objective of this investigation was to do a legal and doctrinaire analysis about Uncaused Divorce Law in comparison between Spain and Mexico to determinate its belonging to Ecuadorian Family Law. Therefore, it was found that Mexican legal base of Uncaused Divorce came from Spain, which was also the precursory of itin others Latin American countries. Enforcement of historical-legal and hermeneutical-dialectic methods made possible to found a close relationship among Uncaused Divorce, free personality development, and Ecuadorian procedural principles which are the base of Ecuadorian leal system, so, with a reform to the Civil Code, the Uncaused Divorce in Ecuador would be successfully applicd. |
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