Eliminación del divorcio por causal.

Abstract

The purpose of this academic article is to analyze the elimination of the unconstitutional divorce, taking into account the purposes of marriage, the principles that govern contracts, mainly the autonomy of the parties and the right to free development of the personality. To this end, we will study the contract as a legal institution, its principles, purposes and regulation within the national legislation. Likewise, we will analyze the institution of marriage from its origins, the principles and the pronouncements of the Constitutional Court that support our proposal, specifically the sentence N°11-18-CN/19. Once the study has been carried out, we have concluded that it is necessary to implement the figure of the uncaused divorce, since it is necessary that people have access to an objective justice system, and not to a paternalistic system that seeks to interfere in the most personal and private acts of citizens, violating the right to free development of personality, personal and family privacy, and the principle of autonomy of will.