Abstract

SALAME ORTIZ, Mónica Alexandra; CEPEDA LUNA, Carlos David  and  LOPEZ BERMELLO, Alex Santiago. Analysis of adultery and its legal implications as a ground for divorce in Ecuadorian law. Universidad y Sociedad [online]. 2023, vol.15, n.6, pp. 786-794.  Epub Dec 20, 2023. ISSN 2218-3620.

Marriage, in the Ecuadorian legal context, is defined as a solemn bilateral contract that unites two people, a definition of Ecuadorian Civil Law that clearly determines marriage as a contract with the will of two parties, which has a solemn character, therefore, it carries certain prerequisites to be fulfilled, as well as generating obligations and responsibilities, once configured in a suitable manner. The objective of the study was to analyze adultery and its legal implications as a ground for divorce in the Ecuadorian legislation. The legal concepts, legal interpretations and the practical application of the norms related to this ground for divorce were examined, therefore it was predominantly a dogmatic-legal study. The study was based on the norms coming from legislation and doctrine. It was considered as exploratory research in which the authors applied the hermeneutic approach to interpret the bibliographic review carried out. It was evidenced that marriage is a legal institution that has a solemn character, which is the reason why its termination is stigmatized. In addition, it was obtained that the ground for divorce number 1 stipulated in article 110 of the Ecuadorian Civil Code, stipulates adultery of one of the spouses, as a reason for the termination of marriage by means of a contentious divorce, in which the aforementioned ground will be proven. It is concluded that the ground of adultery is unconstitutional due to the implications of its substantiation within the divorce proceeding.

Keywords : Marriage; Ecuadorian legislation; legal implications; grounds for adultery; Family Law.