Effectiveness of the dissolution and liquidation of the marital partnership through extrajudicial acts

Abstract

This research focuses on the powers granted by the Ecuadorian organic and ordinary laws on the issue of dissolution and liquidation of the marital partnership, as a topic of fundamental importance within the Ecuadorian society due to its high demand of cases and the procedural congestion that this entails within the judicial process, which is why it takes great relevance to the issue of negotiable matters such as the analyzed topic. Due to the fact that within the Ecuadorian justice system since the enactment of the Constitution of 2008, alternative means of conflict resolution are recognized, giving way to the known Alternative Dispute Resolution Mechanisms where the mediation, arbitration and notarial means stand out. For this research, the analytical-deductive method will be used, since a compendium of the current Ecuadorian regulations will be made, and it will be analyzed from a procedural perspective, addressing both the advantages and disadvantages for citizens who opt for each of the alternative dispute resolution mechanisms.