El divorcio incausado y unilateral : una reforma normativa que busca el libre desarrollo de la personalidad del ser humano en el Ecuador

Abstract

The uncaused divorce is a measure focused on being able to provide greater freedoms and respect for the rights of individuals, who through lower requirements can choose to terminate the conjugal partnership. In Ecuador, the Code Civil in its article 106 determines that divorce dissolves the marriage bond and leaves the spouses in a position to contract a new marriage. However, uncaused divorce, as evidenced in other legislations, can be processed via a notary public only in cases where there are no minor children or under their dependency as provided by law, and if there are dependent children, when their situation in relation to possession, visits and food is resolved with a mediation act or judicial resolution issued by a competent Judge. The legal and rights basis that encompasses uncaused divorce lies in the free development of the personality, which constitutes the legal expression of the liberal principle of autonomy of the person, according to which, since free individual choice is valuable in itself of life plans. As a result, more and more countries are implementing these measures in favor of the development of the freedoms and autonomy of the individual, such is the case of Spain and Mexico.