Implementación de la disolución de la sociedad conyugal en el procedimiento voluntario.

Abstract

Abstract: The implementation of the figure of dissolution of the conjugal partnership, within the General Organic Code of Processes (COGEP), has not been contemplated in what was the update of this legal body at the time of its publication, the The lack of this implementation has caused the violation of constitutional principles such as criminality and legality, by not have a clear standard by which to sue this figure. Currently legal professionals use this figure without have a legal basis to apply it, which generates the existence of a legal vacuum within the standard, also causes the inexistence of a clear procedure for evacuation at the time of filing a claim for dissolution of the company marriage, this opens a legal debate and raises the question: What is the correct procedure that professionals of the law they should use? Ordinary, summary, voluntary procedure, etc. The need to propose a reform to the law especially to COGEP, for this figure to be implemented, it is necessary, this will protect several principles legal, constitutional, the realization of a due process, a clear norm and a correct justice.