La necesidad de expedir una ley reformatoria al código civil ecuatoriano, en relación a simplificar el procedimiento del divorcio controvertido cuando el demandado se allana a la demanda

This thesis was motivated because within our country's Civil Code in Article 81 we find that "Marriage is a solemn contract by which a man and a woman join in order to live together, procreate and help each other", and indeed this is what happens while there is harmony within it, but when the desire of the spouses no longer live together is to resort to divorce, power or right that can be enforced together or separately depending on the Arts. 107 ibid dealing with divorce by mutual consent, it has a special procedure in which after parties together and express loudly their desire to divorce and be in agreement as to their children and property it will immediately his judgment, and, Article 110 ibid gives the offended spouse the right to sue for divorce on one of the grounds set out in that Article, quite rightly being processed for this process the verbal summary. However, in cases where one spouse has been cited and this paves should demand immediate sentencing, otherwise divorce in verbal summary procedure is unnecessarily too long, as though agreeing with divorce must be met throughout the procedure and if not in session, that is, even if the defendant reaches the settlement hearing and like the actor expresses his desire to terminate the marriage bond that unites them, they must follow the process and present evidence that believeth assisted to prove the statement in the initial lawsuit and in the raid. Letting suggests that the conciliation hearings in these cases do not work at all, because if in the settlement hearing are agreed then divorce should be raised to judgment that agreement. To support the statement in my thesis I referred to the provisions of the first paragraph of Article 392 of the Civil Procedure Code which provides that the defendant may expressly acquiesce to the claims in the application, at any stage of the trial, before judgment; well, Article 394 stipulates ibid "The judge or the judge will approve the raid by judgment, which shall be final" and we can not leave out the Section 833 ibid, which states: "The settlement hearing will begin by answering demand, which contain dilatory and peremptory exceptions of establishing the defendant attended. Locked and litigation, the judge or the judge will seek reconciliation and, get, will be completed the trial. By not given or accepted as referred to in the preceding paragraph, clearly they are attacking sustained due process in Article 76 of the Constitution of the Republic of Ecuador and the principles of simplicity, efficiency and judicial economy quickly fully recognized in the Art. 169 ibid: "The procedural system is a means for the realization of justice. The procedural rules enshrine the principles of simplification, uniformity, efficiency, immediacy, speed and procedural economy, and will enforce the guarantees of due process. No sacrifice justice for the single omission of formalities. It is also noted that in order to uphold the principles of simplicity and judicial economy divorce proceedings it must end and when sentencing a defendant for divorce causal acquiesces to it and that she agreed to appear, as it seeks the same goal ie divorce pretending. This would avoid the heavy congestion that exist proceedings in the courts of Ecuador.

• 1. autor: Tenesaca Tacuri, Segundo Baldome (author)
• Format: bachelorThesis
• Język: spa
• Wydane: 2014
• Dostęp online: http://dspace.unl.edu.ec/jspui/handle/123456789/15213