Examinando por Autor "García Mendoza, Emily Geovanna"
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- ÍtemAcceso AbiertoAnálisis de la posibilidad de implementar la demanda de divorcio unilateral, en la legislación ecuatoriana.(Universidad Católica de Cuenca., 2023) García Mendoza, Emily Geovanna; Barrera Bravo, Fausto Ricardo.; 0106446784This research aims to analyze the possible implementation of the figure of the unilateral divorce lawsuit within the Ecuadorian Civil Code to guarantee the rights of the spouses since the causal system is a very inquisitorial process, with long time, costs, and procedural burdens. Considering that Ecuador is a free, democratic and fair country, the state will protect its citizens from any violation of rights, especially the family, which is the central core of society. Therefore, a study of information through history, doctrine, comparative legislation, and analysis of rulings has been developed to provide a solid legal basis for the benefits that divorce without cause would generate in Ecuador. This research describes the formalities, effects, and motivations that have led to the adoption of divorce without cause in other countries, concluding that the implementation of the demand for unilateral divorce in the Ecuadorian legislation is necessary in order to avoid the violation of the personal rights of the spouses and the family.