Insuficiencia jurídica dentro del marco normativo nacional en relación a la sociedad conyugal

Abstract

The present research had as its objective the study of the conjugal partnership, its formation as a consequence of marriage and its dissolution, giving special emphasis to the legal analysis carried out in view of the lack of regulatory norms in the National Legislation regarding its subsequent reestablishment when it was dissolved by the will of both parties and the marital bond is still legally constituted. The documentary research was based on theoretical methods such as the analytical-synthetic, complemented with information obtained from bibliographical, documentary and legal normative sources, such as scientific magazines, books, the Constitution of the Republic of Ecuador and the Civil Code. The Conjugal Society arises as a result of the marriage or union of two persons according to the Law, being this the patrimonial regime that will be carried within the marriage, and its dissolution, can be given either by termination of the marriage bond or by consent of both parties. The Ecuadorian legal system contemplates norms that regulate its formation, its dissolution, and the rights and obligations between the spouses, but does not mention a possible reestablishment due to reconciliation between the spouses.