La acción de nulidad del contrato de matrimonio y su prescripción en el derecho civil ecuatoriano.

Abstract

In the last decade, the rate of marriages celebrated in Ecuador has diminished considerably, as well as the rate of claims for nullity of the marriage contract. Nullity is one of the forms used to terminate the marital relationship, and is established in Article 94 of the Ecuadorian Civil Code in force and the grounds for nullity of the marriage contract established in the following article of the aforementioned legal body. The causal object of study in this case is numeral 4 of Article 95 of the CC, which determines the nullity of the marriage in the case of marrying a person bound by an undisclosed marriage bond. The nullity action of the marriage contract is subject to the rules contemplated in the Civil Code, this legal figure aims to achieve the annulment of the marriage, which was executed on some of the prohibitions that the Civil Code foresees and therefore, said marriage becomes null. By becoming a null act, the law gives the judge the power to declare the invalidity thereof. Before raising a claim requesting nullity of the marriage, the plaintiff must take into account the time of limitation of the nullity action and if the cause for which the claim is filed or not prescribed in a certain time.