El allanamiento de la parte demandada como forma especial de conclusión del juicio de divorcio controvertido, para cumplir con la tutela judicial efectiva y seguridad jurídica

The work of titled artificial investigation: "The levelling of the demanded part as special form of conclusion of the trial of controversial divorce, to complete with it guides her judicial effective and artificial security", it is a contribution for the civil procedural right, so that it is accepted as half alternative of solution of conflicts the levelling like a half dedicated to confer certainty to the obligation, this is, to consolidate their existence, or directed to give him term. For this posture, representing the recognition of the full adhesion from one of those subject of the artificial relationship to the valuation made by the other one, regarding the existence or reaches of the relationship, the levelling would come to be a juridical business of regulation for adhesion or subordination. Although in the levelling the defendant is giving up his contradiction right, for what the immediate expedition of the failure takes place being welcomed to the plaintiff's pretense; this theory leaves aside but not of the levelling. This situation that happens only and exclusively inside the process, he/she makes of the levelling an institution of the Procedural Right. The Art. 118 of the Civil Code of the Ecuador find that all demand of a spouse's divorce against other will be processed in trial verbal summary. Later on in the Art. 121, he/she settles down that in the divorce trials, to exception of those of mutual consent, the cause will open up on approval, nevertheless the levelling of the part. That is to say, in spite of agreeing the defendant with the divorce, to exist this norm, the Judge should continue with the normal process; not allowing to culminate the divorce trial in immediate form for not having contradiction of the demanded parts. The theoretical, juridical and doctrinal storing, the study of cases, the application of surveys and interviews, it allowed me to obtain approaches with clear and precise foundations, of very grateful bibliography that you/they contributed to the verification of the objectives and the contrastación of the outlined hypothesis; so much the Constitution of the Republic of the Ecuador, like it prepares that the State guarantees the it guides judicial effective and artificial security, also guarantees the reconciliation among the parts with the purpose that you/they put an end to the civil process of controversial divorce

• מחבר ראשי: Muso Vásquez, Bolívar Danny (author)
• פורמט: bachelorThesis
• שפה: spa
• יצא לאור: 2015
• נושאים: EL MATRIMONIO; EL DIVORCIO; PROCESO CIVIL; TUTELA JUDICIAL EFECTIVA
• גישה מקוונת: http://dspace.unl.edu.ec/jspui/handle/123456789/8492