La terminación del vínculo matrimonial por causal y su vulneración al derecho a la igualdad.

Abstract

This article examines the diversity of family structures that have emerged as a consequence of social changes with respect to gender ideologies and the new conception of couples on coexistence, which have come to be incorporated into Ecuadorian legislation such as equal marriage. and de facto union, on the one hand, is studied as the Constitutional Court's approval of marriage between same-sex couples, ending discrimination against homosexual couples, considering them equal before the law. Furthermore, the provisions of the law regarding divorce and the termination of the de facto union are compared, in order to show that although the law provides that these two figures generate the same rights and obligations, at the time of their termination there is discrimination against couples formed by marriage, since they are not allowed to terminate the marriage bond unilaterally; It is concluded that the legislation must adapt to this new social reality and promote the right to equality for all people, regardless of the type of family to which they belong, which is why the incorporation of uncaused divorce in the Ecuadorian Civil Code is recommended.