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Abstract
Divorce is constituted as the legal mechanism through which the marriage bond is terminated. In Ecuador, divorce can be given by mutual agreement through judicial or notarial or by cause, making it clear that it is essential that for a divorce to exist If there are children within the marriage, the situation must be resolved regarding the right to food and visits, which has as its main objective the protection of the best interests of the child in accordance with articles 44 and 45 of the Constitution of the Republic. As determined by article 106 of the Civil Code, divorce is one that breaks the marital bond and in turn gives the opportunity to contract a new marriage, taking into account that when the divorce is for cause in accordance with article 110 of the Civil Code It will be essential that the cause that is invoked is proven, leaving the spouse who wishes to terminate the marriage unilaterally in an unfavorable and exposed situation. This is where the importance of implementing uncaused divorce within civil legislation lies, due to because through uncaused divorce the protection of the right to free development of personality and free development of personality is sought, because through this type of divorce it allows a person to dissolve the marriage bond, without the need to justify specific causes, thus protecting her right to personal freedom and to make decisions about her life, without being forced to remain in a relationship that she does not want and at the same time complying with the principle of procedural speed. Another important aspect to analyze currently within the legal framework in Ecuador regarding divorce for reasons is that it determines that it is necessary to prove the cause invoked which violates the right to equality and non-discrimination as stated. contemplates article 76.4 of the Constitution of the Republic of Ecuador, so through the introduction of uncaused divorce the faithful compliance of this fundamental right would be ensured that the State, being the guarantor of compliance with constitutional rights, must integrate legal mechanisms as contemplated by the normative guarantees to ensure effective protection without any limitation.
Palabras Clave
Derechos Fundamentales · Mecanismos Jurídicos · Garantías Normativas · Protección
Tutor de Tesis
Colecciones
Tipo de documentoTesis de Grado
LicenciaAcceso Abierto
