Unión de hecho, terminación, efectos jurídicos en el ámbito notarial.

Abstract

The civil union, in Ecuador, legally declared by the competent authority, that is, a judge or notary, is considered a civil status; Notwithstanding this, once the termination is declared, in the same way by a competent authority (judge or notary), it does not generate a new marital status, given that the law provides for a return to the marital status prior to the one it had prior to termination. be in a de facto union, without taking into consideration that in a similar case, such as marriage, once said bond ends, there is a divorce. Once the documentary, normative and doctrinal analysis has been carried out, it is determined that there must be a reform of the regulation to the organic law of identity management and civil data, given that in its article 7, there must be a new marital status, after the termination of the de facto union; with the existence of the same, the legal certainty required by the commercial traffic of the goods that make up the assets of the non-existent company of goods to date is provided, taking into consideration that due to the publicity of the new marital status, such as divorced, An alert will be generated at the time of wanting to dispose of said assets, leading to an in-depth analysis of the notaries, in order to determine if the asset was acquired in the property company, thus avoiding the damage of both the ex-cohabitant, as well as the person who is going to buy it.