El reconocimiento de la poligamia mediante una consulta a la Corte Constitucional del Ecuador en el ordenamiento jurídico ecuatoriano.

Abstract

The general objective of this research was to propose the recognition of polygamy through a consultation with the Constitutional Court of Ecuador, as specific objectives the different doctrines that justify polygamy were analyzed, it was compared with other legal systems, as well as a consultation model to be presented to the Constitutional Court of Ecuador about polygamy. The methodology has a case study within the qualitative method, since it is approached within modernity and the development of society new forms of marriage, which observed from the constitutional scope should be recognized taking into account a purpose of analysis of cases and being a novel issue that falls within the scope of Exploratory depth because although it is true there are precedents based on them, this research that affects within the Macrosocial scale is based, considering that any human being would have the right to this type of marriage being an option . The present investigation showed that the application of polygamy is possible based on the evolutionary interpretation, and by virtue of it this type of marriage should proceed in the Ecuadorian legal system, since it allows that the normative systems do not stagnate in the time. Finally, it was concluded and recommended, in order to be able to contemplate polygamy within the Ecuadorian legal system, a consultation be made before the Constitutional Court of Ecuador, in order to give constitutional status to this type of marriage and the Articles 81 of the Civil Code.