The declaration of parties as fundamental evidence to prove lack of harmony in marriage in Ecuador

Abstract

The declaration of the party is an evidentiary element recognized by the Ecuadorian legal system capable of proving the habitual state of disharmony in the marriage, within a judicial process of divorce. In Ecuador, since the enactment of the General Organic Code of Processes in 2016, this figure is contemplated as an innovation to the evidentiary system, the same that is accompanied by several principles that guarantee orality in the procedural field. The research allows to unveil the way in which the statement of the party should be used as a key and fundamental piece to prove the third ground of Article 110 of the Civil Code in force. A qualitative approach of the research allowed the deep and detailed analysis of the object of study, so that, by means of the corresponding observation, the expected results could be obtained, concluding that, in effect the declaration of part is a valid and sufficient evidence to corroborate the habitual state of lack of harmony in the marriage.