Las causales de divorcio determinadas en el Código Civil del ecuador y su necesidad de reforma

I have developed this Thesis in the legal field of public law, specifically in the shortcomings that exist in the Civil Code regarding the grounds for divorce identified in this regulatory body. Divorce is the consequence of the decision reached between the two spouses or simply the will of one of them, as the case, to dissolve the marriage by the irreconcilable differences that arose between the couple. Therefore, our Civil Code Article 105 determines the divorce as a way of ending the marriage, and Article 106 states in relevant part that divorce dissolves the marriage and let the spouses in a position to contract new marriage, subject to the limitations set forth in this regulatory body. To make the divorce process has been established way of doing this; so we have first the right of spouses to dissolve their marriage by mutual agreement, with the specificities established by Law. And in the absence of mutual agreement of the parties, have established so-called grounds for divorce, stipulated Article 110 of the Civil Code. In this article, eleven grounds on which you can file for divorce to the competent authority is established. Briefly, these causes involve infidelity of some of the spouses, neglect, injuries, domestic violence to the spouse and children, which can be either physical or psychological, or a mix of both, among others. Thus, the first ground for divorce is adultery of one spouse, making it the matrix of the present legal research. Adultery refers to the sexual union of two people when one or both are married to someone else. In relation to this, I must say that adultery as grounds for divorce must admit the hearsay evidence, given that the direct means of checking that ground is almost impossible, no less certain is that through indirect conviction must aim at demonstrating precisely the conduct of the defendant unfaithful spouse as well as the mechanics of adultery, and so the actor has the burden of proving in court the circumstances of time, place and manner in which the events took place, of which He intended to infer that the culprit had sex with someone other than your spouse, in order to satisfy the legal requirements and the judge can appreciate the misconduct imputed to the defendant. It remotely grounds for divorce for adultery, which is covered in the legislation of almost all countries and ours gives the innocent party the possibility of divorce by this accident. As it is obvious to assume, in the majority of cases, adultery normally with every possible precaution, so that hardly will be testimony from. In this regard there have been conflicting rulings by the competent authorities on the get in our country on this point. Therefore, I consider improbable and inadmissible adultery as grounds for divorce, so they should be excluded from the grounds for divorce established in the Civil Code, taking into account the difficulty if not impossibility of obtaining proof material order described above.a Cevallos Mg

• 第一著者: Agila Pogo, Banner Efrén (author)
• フォーマット: bachelorThesis
• 言語: spa
• 出版事項: 2016
• 主題: CAUSALES DE DIVORCIO; LA INSTITUCIÓN DEL MATRIMPNIO; EL DIVORCIO EN EL ECUADOR; CLASES DE DIVORCIO
• オンライン･アクセス: http://dspace.unl.edu.ec/jspui/handle/123456789/8985