Reforma al art.108 del código civil en relación a la obligatoriedad de un periodo de terapia matrimonial como requisito legal para que se de efecto la audiencia de conciliación

Our Constitution, in its article 67.-"recognized the family in its various types. The State will protect it as the fundamental nucleus of society and shall guarantee conditions that favor fully achieve their goals. These will constitute legal ties or indeed and will be based on the equality of rights and opportunities of its members. Marriage is the union between man and woman, it will be based on the free consent of the intending spouses persons and equality of rights, obligations and legal capacity" In such a way that in our country we have a legal institution called marriage, which is formed by a solemn contract between a man and a woman; It produces legal and social effects, it leads to the formation of the family which is regarded as the fundamental cell of society, it is regulated by Civil legislation. The marriage contract, as any other contract can be dissolved legally when the spouses, have reached common agreement decide to divorce, as when within the family have been generated marital disagreements or, it has engaged in any of the causes of divorce, determined by law, can the aggrieved spouse ask that the bond of marriage is dissolved observing the rules laid down in the Civil Code and of the code of Civil procedure process. While it is true that the marriage can be dissolved by divorce, it is necessary to comply with certain formalities, when children have procreated in marriage and are these children, and to the credit of the conjugal partnership property they possess. These individuals are vented in the trial that is Verbal summary, for divorce, whether contentious or by mutual consent, when referring to the latter we will do special emphasis by being object of our study. Divorce by mutual consent as its name indicates it occurs when spouses consensually expressed their decision to divorce, therefore it should have an agile process simplified, but it does not occur in reality, because of how its procedure in the legal standard of the Ecuadorean Civil Code is set. In this regard, it is worth mentioning that the legal vacuum that exists in the Civil Code regarding the procedure of divorce by mutual consent, not to determine an marriage counseling within the term to ask that the conciliation hearing, carry out since this is is leaving unprotected the rights of marriage and as such the family generating family, psychological, economic, problems that degrade the dignity of the spouses. So the State should give greater interest to the family, exhausting all appeal to save the marriage and leave not defenceless members of the family. Fulfilled the legal deadline and so should be called the conciliation audience, the certification of the family therapist giving report to inform the Judicial authority that the couple was subjected to a family therapy, directed by a psychologist of the Court specialized of the family unit, women, children and adolescents, with the aim of reaching an agreement of the parties so that they improve their relationship must be attached and Thus family; If even with the provision of therapy, there was no judge conciliation, at the conciliation hearing it will dissolve the bond of marriage, according to the Art.108 of the Civil Code. Hence the need to legally regulate the proper procedure to ensure real protection to the family, as the fundamental cell of society, respect for the rights of each person, being the last option divorce, after exhausting all existing legal mechanisms.

• Үндсэн зохиолч: González Jaramillo, Santiago Alexander González Jaramillo (author)
• Формат: bachelorThesis
• Хэл сонгох: spa
• Хэвлэсэн: 2017
• Нөхцлүүд: DERECHO; CONCILIACIÓN; MATRIMONIO; TERAPIA MATRIMONIAL
• Онлайн хандалт: http://dspace.unl.edu.ec/jspui/handle/123456789/18612