El divorcio contencioso frente al allanamiento de uno de los cónyuges

Abstract

In our country there is a large segment of the Ecuadorian population that chooses to terminate their marriage relationship and dissolve their marriage bond through divorce proceedings governed by the Code of Civil Procedure and is subject to the provisions of verbal summary trial. However, the Civil Code allows that there is a consensual divorce the same that has a different procedure to verbal summary judgment, therefore, there is Article 121 of the Civil Code which states: ". In divorce proceedings, except for those mutual consent, the case to trial opens, however the search of the defendant ". While the Code of Civil Procedure referred to in Article 392: "The defendant may expressly acquiesce to the claims in the application at any stage of the proceedings, before sentence," he said raid by legal mandate must be approved in a ruling.For these reasons, I consider it essential to reform the Civil Code so that it allows the raid in divorce proceedings takes the same effect as in all other trials.