El reconocimiento del matrimonio ancestral como acto jurídico registral desde el pluralismo jurídico constitucional.

Abstract

Ecuador is a State of which indigenous communities, peoples and nationalities are part, hence its intercultural and plurinational status. The 57th article of the 2008 Constitution of Ecuador guarantees the protection of their collective rights, identity, culture, and traditions. The objective of this titling work is to base on doctrinal, historical, and comparative systematization the recognition of ancestral marriage as a registered legal act from constitutional legal pluralism. It is necessary to define it and establish whether the rituals and norms of indigenous law can be applied within the Ecuadorian legal system. To this end, the recognition of interculturality, plurinationality and legal pluralism and their normative application in the legal systems of Ecuador and Bolivia have been considered. Marriage as a civil legal act and indigenous marriage as an act of ancestral normative systems were examined, as well as the ceremonies of indigenous peoples of Saraguro, Otavalo, Chimborazo and Cañari. In addition, the establishment and effects that were compared with the provisions of the Ecuadorian legal system for its registration recognition.