El derecho del demandado al plantear caducidad como excepción previa dentro de un proceso de divorcio contencioso

Abstract

The purpose of this practical work is to raise awareness of the importance of raising prior exceptions in a divorce process specifically litigation, which is enshrined in the General Organic Code of Processes, current Ecuadorian law, which gives the defendant power to propose in the answer to the complaint and through his sponsor lawyer to expose these exceptions, in order to reach a clear objective of said claim, whether the administrator of justice once he knows of said approach or opposition in which the defendant refers , claiming previous exceptions, have the favorable and necessary reception of the case, being very important the knowledge of each of them; In this specific case, and punctual that of Expiry, its relevance, meaning, application, legality, and Interposition by whoever has the right to oppose it. In addition, what effect does it produce once accepted or denied in a hearing by the administrator of justice, who will have to rule on those exceptions that the defendant makes reference to and must express in law its origin, we will analyze why it should be highlighted its difference with Prescription in legal terms, its similarity as a legal entity established in Ecuadorian law, from when it is applied, when these figures arise and what effects they cause in contentious divorce proceedings, without the so-called "Expiration" prior exception, undermining the application of the Principle of Equality contemplated in the Law, as the right to terminate the marriage bond.