Necesidad de incorporar en nuestra legislación el divorcio por acto administrativo.
The State guarantees the free will of the people for the completion of that marriage by means of divorce. Art. 106 of the Civil Code provides that divorce dissolves the marriage and let the spouses ability to remarry. Divorce is a common social problem today, although it is true our Ecuadorian legis...
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Հիմնական հեղինակ: | |
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Ձևաչափ: | bachelorThesis |
Լեզու: | spa |
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2016
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Առցանց հասանելիություն: | http://dspace.unl.edu.ec/jspui/handle/123456789/13369 |
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Ամփոփում: | The State guarantees the free will of the people for the completion of that marriage by means of divorce. Art. 106 of the Civil Code provides that divorce dissolves the marriage and let the spouses ability to remarry. Divorce is a common social problem today, although it is true our Ecuadorian legislation has made great progress in order to establish a legal framework to regulate the legal situation regarding divorce, it is no less true that the moral and economic social crisis facing the people of our country many cases are stuck without a resolution. Our legislation provides for two cases of divorce: consensual and litigation. The consensual divorce, which is decided by mutual consent of both spouses and is declared by a court decision, provided for in the Civil Code. The contentious divorce is requested by one spouse, without or against the will of another, by one or more of the grounds of the Civil Code. Each of these have their respective process, requirements, terms to be met, these duly established in the Code of Civil Procedure. However we must emphasize that the consensual divorce, which is decided by mutual consent of both spouses, in which there is no controversy or dispute whatsoever. This type of divorce has had a major change important, since the Reform RO notarial law. No. 406 of 28 November 2006, art. 6 Number 22 notaries (as) is empowered to processed divorce by mutual consent, if the spouses have no children (as) minors or under its control or liquidate assets. However even this is handled is limited both in economic, and time, and is even extensive periods. That is why it was considered that as social beings analytical, critical and society to expose and make known everything about the divorce, her red tape, classes of divorce and the need to include administrative divorce. The administrative divorce is considered in the laws of other legislations which mentions that this is one of the simplest in the field of civil law, as they must only meet certain requirements, and filed with the Registry and request to dissolve such link. |
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