La prescripción de la acción de nulidad de sentencia de divorcio y el ejercicio al derecho a la defensa

Abstract

This research work is based on knowing the applicable regulations to file the claim for nullity of divorce judgment by fraudulent summons, taking into account the procedural times allowed by law, with respect to the final judgment, and the prescription of the action, and in this way determine the existence of the violation of constitutional rights, exercising a very important right such as the Right to Defense. The general objective is to analize the imprescriptibility of the nullity action by fraudulent citation that confirms the violation of due process, duly typified in the constitution of the Republic of Ecuador. Taking as a conclusion that in divorce cases, although an enforceable divorce decree has been obtained, the person who is affected by the omission of substantial solemnity, in this case the summons to a false domicile, can bring the corresponding action as It is the demand for the nullity of the divorce sentence, taking into consideration the procedural times allowed by law, in this case the stipulated time is one year immediately after counting from midnight on the day the sentence was finalized, without stopping it does not matter if it has been executed or not.