Estudio jurídico” a los arts.107 y 108 del código civil ecuatoriano en actual vigencia, y art. 169 de la constitución de la republica del ecuador” “propuesta de reforma
In our Country we have an institution legal called marriage, the same one that is formed by means of a solemn contract between a man and a woman; that it produces juridical and social effects, its gives place to the formation of the family that is considered as the fundamental cell of our society, t...
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| Natura: | bachelorThesis |
| Lingua: | spa |
| Pubblicazione: |
2015
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| Accesso online: | http://dspace.unl.edu.ec/jspui/handle/123456789/13698 |
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| Riassunto: | In our Country we have an institution legal called marriage, the same one that is formed by means of a solemn contract between a man and a woman; that it produces juridical and social effects, its gives place to the formation of the family that is considered as the fundamental cell of our society, this it is regulated by the Civil Legislation. The matrimonial contract, as any other contract can be dissolved legally, when the spouses, they have ended up from common agreement to make the decision of getting divorced, as well as when inside the family nucleus married disagreements have been generated or, it has been incurred in some of the divorce causes determined by the law, the wronged spouse can to request that he is dissolved the matrimonial bond, observing the steps settled down in the Civil Code. Although it is certain that the matrimonial bond can be dissolved for the divorce, it is necessary to fulfill certain formalities, when they have been procreated in the marriage children and they are these smaller than age, and in having of the married society they possess goods. These matters are ventilated in the trial that is Verbal Summary, for the divorce, be this contentious one or for mutual consent, when referring to this last one we will make special emphasis to be object of our study. The Divorce for Mutual Consent like their name indicates it is given when the spouses express its decision consensually of getting divorced, for this should have it a simplified agile step, but it is not given in the reality, due to how its step is established in the Ecuadorian Civil Code. It is necessary that the term is reformed to be carried out the reconciliation audience that should decrease from two months to one, in the event of having smaller children procreated during the marriage, and in the married society to possess goods, and in the event of not existing none of these budgets, the term would be of fifteen days. This reformation would go guided to provide to the step bigger agility, observing the principles of velocity, and effectiveness consecrated as a command of obligatory application to the substation of all the steps, jointly with the oral procedure, settled down in the Constitution of the Republic of the Ecuador. |
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