Facultad de solicitar el divorcio y la liquidación de la sociedad conyugal por mutuo acuerdo, procesada en una sola petición en el sistema notarial

Divorce in our legislation is a way to terminate the marriage bond, being a controversial process or by reasons and by mutual consent, and is carried out by means of a judicial procedure for both cases and notary only for the mutual consent As established by our Ecuadorian legislation. According to Art. 18 numeral 22 of the Notary Act, the notary is authorized to process divorce by mutual consent, as long as the spouses do not have children under age or under their dependency, otherwise it is an attribution of the Family Judge , Resolve on the situation in which the children remain. The proceeding before a notary, begins with the request of the spouses under oath with the will to dissolve the marriage bond, subject to the rules indicated in Article 107 of the Civil Code. As it is observed the liquidation of the company of goods or conjugal society, is a procedure apart from the divorce by mutual consent that is processed before the same notary, taking into account that this class of conflicts over time and the economic basis for the couple Have to assume, they also deal with a series of final decisions for the family, since the procedural process is affected because it is not definitively terminated, although voluntarily it has been agreed upon the termination of the marriage bond, but the liquidation of The society of goods or conjugal society, and it is what in this case the couple does not want to terminate all type of rapprochement between them, becoming in many of the circumstances to remain obliged to stay in contact until the total liquidation of the society Of property or conjugal society, leading these pending in greater problems than the same divorce. For what is considered a period that is too long, that being public notarial service, and under the appointment of the Council of the judiciary as stated in Article 193 of the Constitution of the Republic of Ecuador, that function goes against the principles of Celerity, efficiency, efficiency and procedural economy as a means of realizing justice, as indicated in Article 169 of the same Constitutional norm. For such considerations in the process of divorce by mutual consent must be allowed in the same to carry out the liquidation of property of the conjugal partnership, because the function of notary in public, which must legally allow the will of the parties To guarantee the effectiveness, efficiency, speed and procedural economy of the notarial function, such as the dissolution of the marriage bond and the inconveniences that arise from the liquidation of assets of the conjugal society. The intervention of notaries, in accordance with Article 296 of the Organic Code of Judicial Function is an auxiliary body of the Judicial Function, having the authority to guarantee at the request of a party, acts, contracts and documents determined in the laws and give faith Of the existence of the events that occur in his presence. For such considerations in the Notary Act within the process of divorce by mutual consent must be allowed to the same act to carry out the petition on the liquidation of property of the conjugal partnership, because the function of the notary is public, which must allow Legal form to the will of the parties to ensure the effectiveness, efficiency, speed of the notarial function.

• Hoofdauteur: Bayas Buenaño, Nancy Janed (author)
• Formaat: bachelorThesis
• Taal: spa
• Gepubliceerd in: 2017
• Onderwerpen: DERECHO; DIVORCIO; SOCIEDAD CONYUGAL; LIQUIDACIÓN
• Online toegang: http://dspace.unl.edu.ec/jspui/handle/123456789/18717