El restablecimiento de la sociedad conyugal notarial y el principio de celeridad procesal

Abstract

The graduation work in the form of Research Project entitled "THE RESTORATION OF THE COMPANY MARRIED IN ATTORNEY ACT AND THE PRINCIPLE OF CELERITY" poses solve a legal problem, under which currently has not established a procedure which the conjugal partnership of conjugal society is restored, thus preventing spouses and the family in general the possibility of achieving a normal performance and management of company assets as marital dissolution causes problems between spouses and accordingly further deterioration of the family. The Article 217 of the Ecuadorian Civil Code, published in the Supplement to Official Gazette 46 of June 24, 2005, provides that: The spouses may demand the dissolution and liquidation of the conjugal partnership at any time and even prior agreement between the parties may apply to the notary, however there is no possibility of restoring the conjugal union. The Notarial Law stipulates that notaries are officials vested with public faith to authorize and solemnize acts, contracts or documents at the request of a party, and determining the restoration of the conjugal partnership as an act of voluntary jurisdiction and mediate the request of the parties, this could hold it before a notary, it may be settled in an affidavit, enjoying this document the quality of public. In proposing the restoration of the conjugal union before a notary made through notarial deed the principle of procedural speed is applied with integrity procedural principles including avoiding the and citizens a cumbersome process in the Judicial Units and increased in the procedural burden which hinders the administration of justice and encourages bureaucracy.