Examinando por Autor "Abad Abad, Nube Damaris"

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    La causal de adulterio y su eficacia como medio para disolver un matrimonio en Ecuador
    (Universidad Católica de Cuenca., 2023) Abad Abad, Nube Damaris; Ojeda Pulí, Rosa Angelica; Zamora Vázquez, Ana Fabiola; 0302715164; 0302620273
    This research seeks to analyze the cause of adultery and its effectiveness as a means to dissolve a marriage in Ecuador and the difficulty in proving it for the termination of marriage since the extramarital sexual relationship committed by one of the spouses cannot be certainly determined. Firstly, the research was conducted employing a qualitative approach because the effectiveness of adultery as a ground for divorce was theoretically justified, additionally, the depth level of the research was descriptive, considering the study of the legal problems caused by the adultery ground, finally, the technique of note-taking and interviews was used. It was identified that in practice, proving the adultery ground is very challenging due to the evidence required, as it is necessary to prove the existance of the carnal copulation; hence, the evidence is highly demanding and must be carefully investigated since when a person engages in sexual relations with another individual, it is not done in plain view, meaning the existence of the act cannot be proved; therefore, it was concluded that applying a new ground with a more appropriate term and a more precise significance is essential, in this case, it would be infidelity, but with other means of proof so that when proving ground, it does not cause difficulties, the norm can be used and consequently, it is effective within Ecuadorian legislation.