Examinando por Autor "Perero Morales, Dayse Margarita"
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- ÍtemAcceso AbiertoLa obtención de la prueba en un juicio de divorcio por la causal de adulterio frente al Derecho de Intimidad de una de las partes Procesadas(Universidad Católica de Cuenca., 2022) Tello Loja, Jéssica Gabriela; Perero Morales, Dayse Margarita; Culcay Villavicencio, Iván Patricio; 1400517718; 2400258337In the case of a divorce dispute where adultery is the cause, it is necessary to present evidence to support the claim, therefore, this would imply exposing the sexual life of the adulterous spouse, violating a fundamental right of the human being such as the right to privacy, whose basis and protection aspects seek precisely that intimate aspects of people's information, such as their religious, sexual, political, philosophical practices, etc., are not public. For this reason, the main objective of the research was determine whether obtaining evidence in a divorce trial for adultery of one of the parties violates the right to privacy of the other. The methodology used was qualitative in nature, where the analytical method and the documentary method were used. It is concluded that adultery in Ecuador is regulated as a cause for the dissolution of the marriage bond in the Civil Code, however, there is great difficulty in reliably proving the fact in a divorce trial, because to obtain the conjectural proof required by the Civil Code, one would necessarily be violating basic human rights recognized by the Constitution of the Republic of one of the two parties.