Análisis de la procedencia del divorcio sin causa en la normativa Ecuatoriana – Sentencia de la Corte Constitucional N°71-21-IN/25

Abstract

In this research, the causal system of divorce that governs in our country and that allows the dissolution of marriage when the parties have not reached a mutual agreement was analyzed, in practice, complications have been evidenced in achieving this end since the rules that govern this system make it difficult to achieve the will to end the marriage. Consequently, the objective of this research is to evaluate the appropriateness of the figure of unjustified divorce in our legislation because it is the reflection of the current conception of family law and, above all, of the constitutional guarantee to achieve divorce without affecting the exercise of other fundamental rights and principles. For this, the methodology used was analysis-synthesis and by the bibliographic method the necessary information was collected that evidences the problem raised and the possible solutions that can be adopted. The research techniques used were the review of bibliographic-legal sources and the analysis of Judgment 71-21-IN/25 that discusses this particular in the light of the constitutionality of the current model, so the research is qualitative.