Divorcio incausado : urgente solución a la inconstitucionalidad del artículo 110 del código civil.

Abstract

It is logical that in a democratic state, and defender of the freedom and autonomy of each citizen, the will should be respected. However, in Ecuador, as a result of the causal system that is still rooted in our legislation, the rights enshrined as the right to privacy and free development of personality, along with the importance of the autonomy of each citizen, seem to be a dead letter. The system of grounds was logical years ago, when the Civil Code saw the light and began to rule in Ecuadorian society. However, both the law and society and its paradigms have evolved, making the figure of divorce, archaic. The uncaused divorce, which is characterized by requiring only the will of one of the spouses to end the marriage, should be introduced into the Ecuadorian legal system. Taking this step will demonstrate that the Magna Carta not only offers, but applies; the autonomy of individuals and respect for their rights enshrined in the law must be paramount. This thesis will demonstrate the need to establish divorce without cause in Ecuador, which, unlike contentious divorce, respects and values the private life and freedom of decision of each individual.