Sociedad conyugal o sociedad de bienes, su disolución y restablecimiento en sede notarial.

Abstract

According to the Ecuadorian laws or the facto union, the marriage contract or marital assets, marital property system arisen from can be amended or dissolved by the agreement of the parties or request of one of them without ending the marriage or the facto union, however the dissolution is irreversible. This research aims to determine the viability of the reinstatement of a dissolved marital assets in front of a notary public. The research is qualitative, and exploratory, that uses different methods such as historical logical, doctrinal legal, comparative legal, documentary analysis, interviews. Since there is no legal standard that allows the reinstatement of marriage contract once this is dissolved, there is not the possibility for the involved parties to review the act that terminated their marital property system. Article 221: Civil Code, about the effects of the legal separation judicially authorized conjugal separation (institution that was transitory but that produced the dissolution of the marriage contract), establishes that by the voluntary request of the spouses the legal separation is demised , therefore the rights, obligations and the marital property system are restored; this applicable standard adequate the possibility of restoring the dissolved marriage contract as the spouses agree; in this way the application of the notarial principle of consent and the universal right that all the things are dissolved as they are made, it is proposed to reform number 13 of article 18 of the notarial Law, to empower the Notary to declare reinstatement of the marriage contract.