Necesidad de reformar el código civil y la ley general de registro civil, identificación y cedulación, en la incorporación del divorcio administrativo

Marriage has been considered at all times as one of the key elements for the development of the family and of society in general, hence it has been governed by certain provisions contained in different legal bodies, in the case of our country contained in the Civil Code of Ecuador. However, marriage has been considered susceptible to termination by some voluntary or legal reasons. In our legislation we have the marriage ends: • On the death of a spouse; • For final judgment declaring the nullity of marriage; • For final judgment granting the final possession of the goods of the deceased, and. • For divorce. Within the grounds for termination of marriage, divorce is one of the most frequent to end that link forms, since unfortunately the couple circumstances sometimes beyond the emotional and rational control of spouses and given divorce becomes a tool that can prevent a greater evil. Consequently in our legislation is not provided other variants regarding divorce. In Article 107 of the Civil Code stands divorce by mutual consent or known as consensual , that is when the spouses decide to dissolve the marriage bond by voluntary agreement , and that only comes under judgment; Art. 110 refers to divorce known as causal or contested divorce, which is when it occurs for the reasons specified in Article expressly referred to above and should be declared legally enforceable judgment. The divorce proceedings are often complex and may be delayed six to seven months, but there are also records in courts that have three , four and five years as the party refusing uses legal strategies that lengthen the process. To this we must add the role of lawyers, but should expedite the process and follow the course of each proceeding, then let all the court I consider that to avoid the sluggishness in divorce proceedings is necessary to reform, something similar to what happens in Mexico where administrative divorce that takes place before the Head of the Civil Registry is established, when the spouses express their willingness to divorce written by a lawyer and when the children are old or not exist and have dissolved the conjugal partnership or otherwise lack collateral.

• Príomhchruthaitheoir: González Solis, Diana Carmita (author)
• Formáid: bachelorThesis
• Teanga: spa
• Foilsithe / Cruthaithe: 2014
• Rochtain ar líne: http://dspace.unl.edu.ec/jspui/handle/123456789/15346