Terminación del vínculo matrimonial por decision unilateral o sin expresión de causal y su perspectiva de incorporación al código civil ecuatoriano

Abstract

Abstract: The purpose of this work is to study the impeached divorce as an innovative legal institution, which terminates the marriage based on the unilateral will of one ofthe spouses guaranteeing the free development of the personality. It is pertinent that the Ecuadorian Civil Code, being one of the few codifications that remain almost intact, is modernized with regard to the institution of the divorce, considered to the incaused or unilateral divorce as another way to terminate the marriage; in Latin American legislations the incaused divorce has taken force, being a more effective form of divorcing, without having to prove some causal and guaranteeing the right to the free development and the will of the people. The accused divorce looks for the fulfillment of the principle of the autonomy of the will of the persons to be able to divorce for the will of one and not to have to express causal some for what to announce a causal the only thing that looks for proving is the guilt of the other spouse.