PROPUESTA JURÍDICA, PARA EL RESTABLECIMIENTO DE LA DISOLUCIÓN DE LA SOCIEDAD CONYUGAL, ESTANDO EL MATRIMONIO VIGENTE

The problematic core subject of this legal research is oriented to survey and legal analysis about the restoration of Conjugal Society, once it has been dissolved, at the request either together or as controversial by either spouse ; either by a competent judge, or by a Notary Public; considering that the marriage is valid and whether or not registered or marginalized said solution in the Civil Registry and Identification of the respective county; but especially when there has been executed dissolution of goods, through formal inventory and judgment of partition either judicially or extra form Notary Public; and, obviously, has not made the liquidation of the conjugal partnership; with which in my opinion has not been perfected yet Dissolution of Marriage Society. Considering that there are countless pairs of spouses, often carried by an unfounded whim, by bad advice or bad advice, raise the marital dissolution before the Judicial Unit of the family, women, children and adolescents as they already have sentencing judge in his hands, trying to walk back and find this very serious problem; which, for lack of legal regulations in the Civil Code, it is inappropriate to direct the process. With these requirements and background, and in the absence of a rule in the Civil Code that allows spouses to restore Conjugal Society, I wanted to make not only a lengthy, thorough and comprehensive study on this issue; but 6 propose an alternative solution to this legal dispute, through a legal proposal to be regulated by the Civil Code, through the legislators in the National Assembly. The legal proposal is based on the prescriptions of the Constitution of the Republic of Ecuador, on family rights; and that the State must guarantee equality of rights between spouses, in making decisions for the administration of conjugal society, society of goods and its dissolution; but my proposal incorporates the restoration of it. Now when the spouses together or as controversial, have dissolved the conjugal partnership and only have registered outside the Act of marriage in the Civil Registry and Identification, their respective county may request the judge, who Conjugal Society restored with a simple request signed by both spouses. Moreover my proposal is aimed at that, when the marriage is valid and has dissolved the conjugal partnership by judgment of judge or notary public; been entered in the Registry, but has not practiced formal inventory of marital or judicial or extrajudicial made partition of the property of the conjugal partnership; the judge may request that the Conjugal Society is restored; It will be enough for the declaration of the joint will of spouses in writing, before the same judge or notary who ruled the dissolution of the conjugal partnership. 7 To do this, the judge or notary as appropriate, at the request of either spouse or jointly, shall order the re-enroll submargine and Spousal Civil Society in its own registry. With this research work and to me based on the universal principle of law that, things are made and fall apart, I think my legal contribution will handle and I will have contributed to huge marital problems are resolved; since the marital dissolution, it is sometimes a reason or an excuse for breaking the home and family; and routed to forewarn the social problem, I proposed my legal research.

• Hovedforfatter: Granda Benítez, Vinicio David (author)
• Format: bachelorThesis
• Sprog: spa
• Udgivet: 2015
• Fag: DERECHO; PROPUESTA; SOCIEDAD; MATRIMONIO
• Online adgang: http://dspace.unl.edu.ec/jspui/handle/123456789/11334