La validación de los efectos civiles del matrimonio canónico en el Ecuador.

Abstract

Marriage is the legal act by which two people agree to live together and mutually support each other, acquiring rights and obligations established in the Civil Law, as well as in some regions it is done through the Canonical Law. For the marriage to be valid, it is necessary that the contracting parties express their desire freely and voluntarily. This research work was carried out with the purpose of knowing the validity of the civil effects of the canonical marriage, we worked under a bibliographic research with which we were able to obtain sources of information of national and international relevance. The history preceding the presentation of the sources of the matrimonial systems in Ecuador was known, which, from a wide vision can be progressive. Likewise, the elements of international law are analyzed, with the purpose of establishing a margin of successful practices applicable to our legislation. This work offers a well-documented vision of the system of canonical recognition of marriage and the civil effects that can arise from ecclesiastical decisions, taking as a reference the Canonical Code and the Italian Constitution. Finally, the analysis and comparison of these laws with the Ecuadorian legislation was carried out, it was found that at present the canonical marriage does not have civil effects, so it was proposed a reform to the Civil Code Law to include it in such a way that with the presence of the marriage certificate by the church can enjoy the civil rights guaranteed by the civil marriage.