Incidencias jurídicas de la extinción del parentesco por afinidad tras la disolución del vínculo matrimonial en el ordenamiento jurídico ecuatoriano. Un análisis a partir de la sentencia N.º 0001-11-SIN-CC

Abstract

The family is a fundamental pillar of society and, as such, requires adequate protection by the State. However, with the partial elimination of the first paragraph of Article 23 of the Ecuadorian Civil Code, the concept and duration of kinship by affinity has been modified. Before this reform, affinity ties persisted even after the dissolution of the marriage bond. With the regulatory change, these ties are extinguished with the end of the marriage, generating significant implications in various aspects of the law. The general objective of this research is to analyze the legal effects derived from the declaration of unconstitutionality. It was developed through a qualitative approach, using the analytical- synthetic method, with a descriptive and documentary design. Observation techniques and analysis of legal, doctrinal and jurisprudential content were used. The study showed that the decision of the Constitutional Court, by not adequately considering the legal implications of the reform, has had a significant impact on the Ecuadorian legal system. Consequently, it is concluded that a revision of this ruling is necessary to modulate its effects and guarantee a balance between the protection of the family and constitutional principles.