El divorcio incausado en el Ecuador : una propuesta con miras a una reforma legal.

Abstract

Since its appearance in Ecuador in 1903, civil divorce has been governed by a causal system. For it to be declared judicially, it has been necessary to have previously established requirements set forth in the law. It is evident that these legal requirements hinder the rupture of the relationship and, naturally, end up reducing the matter of discussion to a mere evidentiary matter, undermining the interest and voluntariness of the litigants. However, as peoples evolve, their needs change, which presupposes a change in the national legal system. This causal system, implemented at the beginning of the 20th century, responded to the needs of Ecuador at that time. Nowadays, divorce on grounds is inappropriate for a protectionist country, where the freedom and self-will of its citizens prevail, components of the constitutional right to the free development of the personality. The present work develops the best way out of this antiquated regime: the unilateral or uncaused divorce; same that sustains that the only will of one of the spouses is needed, independently of the personal reasons, which impelled him/her to take this decision. Nothing will have to be proved or justified, since the State does not have the right to interpret social relations so intimately. Therefore, to guarantee the right to the free development of personality, privacy, and the autonomy of the will of individuals, it is necessary to implement divorce without grounds within the Ecuadorian legal system through a proposed bill that establishes the possibility of dissolving the marriage contract without having to invoke grounds that are in disuse because they do not conform to today's reality.