LA CONCEPCIÓN DOCTRINARIA DEL MATRIMONIO, LA ESTERILIDAD Y LAS CAUSALES DEL DIVORCIO EN LA LEGISLACIÓN ECUATORIANA

This research work devoted much of his exposure to address what constitutes and concerns the administration of justice, especially the doctrinal conception of marriage, infertility and grounds for divorce under Ecuadorian law, likewise the need for reforms the Civil Code, in order to carry out the reform of Article 110 which addresses the need for sterility as grounds for divorce in people of childbearing age in the Ecuadorian legislation, with realistic and positive way to bring out the valuable, good and likewise wrong and poor in our legal framework in Ecuador with accurate, sufficiently broad, democratic and above all practical arguments. In the first chapter conducted a study regarding the Marriage comprising the general aspects of the same, within this overall theme, the concept of marriage is clear then the Historical Evolution of Marriage in Ecuador detailed, highlighting the main and most relevant, references to the categories of marriage as procreation and perfection of the human species, mutual aid and compliance with the purpose of life is also made. However sterility in some cases does not allow fulfill the purposes of marriage couples who contract of childbearing age and young couples. The second chapter covers a study regarding divorce analyzing its concept, historical development, especially anything concerning the causes of divorce and analysis of comparative law in other laws relating to infertility as grounds for divorce. In the third chapter regarding field research is studied by analyzing the results of the application of surveys to thirty lawyers on the criteria to incorporate sterility as grounds for divorce, also a form of interview is applied to five Judges Judicial District of Loja, and complement this work by studying current cases of sterility adoption by the adopter or current partners Divorce by causal and especially for sterility in 2014. Based on the theoretical framework that allowed me to study and considering the results of fieldwork proceed to the corresponding verification objectives and testing of hypotheses and then complemented by presenting some reflections on the need for Reform the Civil Code in art. 110, in establishing sterility as grounds for divorce. Finally in the fourth chapter I proceed to the presentation of the conclusions and recommendations that I could get in terms of knowledge, certainty and experiences that I could collect on the basis of this investigation. In addition, as a corollary of all the research I proceed to the presentation of the draft amendments to the Civil Code, proposing that sterility as grounds for divorce is established.

• 1. Verfasser: Montalván Jiménez, Diana Marcela (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2016
• Schlagworte: derecho; concepcion doctrinaria; legislacion ecuatoriana; causales del divorcio
• Online Zugang: http://dspace.unl.edu.ec/jspui/handle/123456789/11826