El estado civil como efecto de la unión de hecho.

Abstract

The Common law-marriage is a legal institution that derived from the roman law as concubinage, in which men and women coupled freely and willingly. Throughout the years, the common-law marriage has been integrated in legislations in different countries around the world; it was until 1978 when it arrived first to Ecuador, through our constitution from the same year. That constitution granted endless rights and obligations to the people who held these types of marriages; afterwards, it was regulated, through the proclaiming of the law 115 in 1982 in our country. Today, the government, pressured mainly by the LGBTI movement, has reformed the commonlaw marriage allowing ten and women, and even same sex couples, to celebrate it. Even though the common-law marriage has gained its space as a foundation for the family and even as a civil status, this institution has different legal loopholes that produce legal uncertainty in various cases; for example, holding a contract between people, who have not registered their common-law marriage at the Civil Registry Office, and a third party; or in the case of the termination of the marriage regarding the marital status to be acquired; accordingly, this thesis project will try to find solutions to these problems.