Facultades de los Centros de Mediación en el Ecuador respecto de los trámites de disolución de los vínculos matrimoniales y sociedad de hecho por mutuo consentimiento

Abstract

Abstract: Within the present research work, I will analyze the procedural assumptions necessary to achieve a divorce and de facto union termination by mutual consent, comparing with the competence granted to notaries as provided in the Notary Law, as a consequence the questionthat we could deduce is: If notaries can decide on divorces and de facto union termination by mutual consent, why not grant that competence to Mediation Centers? Question that we will try to answer in the development of this topic.In the same way, I will expose the historical antecedents referring to marriage and the common law union and its evolution within our civil legislation. Verifying and analyzing the legal norms that regulate these institutions, the respective procedure for the termination of each one, which will provide a different vision by inducing people to appear in the Mediation Centers of the country in order to carry out procedures regarding the dissolution of marriage ties and termination of the partnership in fact by mutual consent basedon the principles of economy and procedural speed.