Análisis jurídico, doctrinario y su necesidad de regular el divorcio incausado y su procedimiento en el sistema procesal

Abstract

Abstract: The lack of specific regulation on uncaused divorce in the procedural system Ecuador poses a significant challenge, the absence of a clear classification in the Code Civil and the General Organic Code of Processes generates uncertainty in its application. This situation has led to a limited regulatory regime that makes it difficult for healthcare professionals law and the parties involved the appropriate and agile processing of cases related to the divorce impacting procedural efficiency and the protection of individual rights; is It is important to mention the importance of the autonomy of the will and the free development of the personality in the context of uncaused divorce. Which leads to the urgent need to reform the legislation, to include specific provisions on unjustified divorce and the establishment of a clear, agile and adequate procedure for its processing, in accordance to the current reality of society, guaranteeing legal security and protection of rights fundamental.