Análisis jurídico de la causal 1 del artículo 110 del Código Civil y su inaplicabilidad frente a la problemática actual de las rupturas conyugales

Abstract

This research was developed to analyze the inapplicability currently evident in the internal regulations of the first ground of Article 110 of the Ecuadorian Civil Code. Consequently, people who have been victims of adultery within the marital bond to opt for a different ground, given the impossibility of justifying the consummation of extramarital sexual relations as the primary requirement demanded by the judges to give way to the dissolution of the marriage bond. Investigation from which it was obtained as a result of the doctrinal, normative, jurisprudential, and field study carried out, that such inapplicability is due to the inexistence of pertinent, useful, and conducive evidentiary means to prove the existence of this ground irrefutably. The elements commonly presented within the contentious divorce lawsuits filed under the protection of the mentioned ground, are insufficient to justify the nature required by the said cause "consummation of extramarital sexual relations." On the contrary, those that are effective in justifying it cannot be practiced in trial since they transgress the right to privacy of the adulterous spouse enshrined in the Ecuadorian Magna Carta. For this reason, a notorious normative deficiency must be corrected through the reform of the ground above