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Law Reform To The Code Civil

Original Language Title: Ley Reformatoria al Código Civil

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Year III-Nº 526

Quito, Friday, June 19, 2015

Value: US$ 1.25 + VAT

ING. HUGO DEL POZO BARREZUETA DIRECTOR

Quito: Avenida 12 de Octubre N23-99 y Wilson

Edifi cio 12 de Octubre Segundo Piso

Telf. 2901-629

Central and Sales Ofi: Telf. 2234-540

3941-800 Ext. 2301

Distribution (Storeroom): Manosca Nº 201 and Av. 10 of August

Telf. 2430-110

Guayaquil Branch: Malecon No. 1606 and Av. 10 August

Telf. 2527-107

Semi-annual subscription: US$ 200 + VAT for the city of Quito

US$ 225 + VAT for the rest of the country Printed on National Editor

8 pages

www.registrofi cial.gob.ec

At the service of the country from the 1st July 1895

SECOND SUPPLEMENT

LAW

FORMAT

TO CIVIL CODE

2 -- Second Supplement -- Ofi cial Registration No. 526 -- Friday, June 19, 2015

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

Ofi cio No. SAN-2015 -1040

Quito, 17 JUN. 2015

Engineer Hugo Del Pozo Barrezueta Director Of The Ofi cial Registry In his office.-

Of my considerations:

The National Assembly, in accordance with the powers that I confi The Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the DRAFT LAW REFORMING THE CIVIL CODE.

In sessions of 11 and 16 June 2015, the National Assembly plenary met and gave a statement on the partial objection presented by the Constitutional President of the Republic.

For the above, and, as the President has stated, Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, accompanied the text of the REFORM LAW TO THE CIVIL CODE, so that it can be published in the Ofi cial Registry.

Intently,

f.) DR LIBYA RIVAS ORDONEZ General Secretariat

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

CERTIFICATION

In my capacity as General Secretary of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed and approved the "DRAFT LAW REFORMING THE CIVIL CODE", in First debate on 21 February 2013; in the second debate on 23 September 2014 and 21 April 2015; and on the partial objection of the Constitutional President of the Republic on 11 and 16 June 2015.

Quito, June 16, 2015

f.) DR LIBYA RIVAS ORDONEZ General Secretariat

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

THE PLENO

CONSIDERING

What, article 44 of the Constitution provides for the obligation of the State, society and family to promote the

development of girls, boys and adolescents and to assure them the full exercise of their rights, taking into account the principle of their higher interest;

Que, el Ecuador ratifi co, by Decreto Executive No. 1330, published in the Ofi cial Register No. 400 of 21 March 1990, the Convention on the Rights of the Child, which created the Committee on the Rights of the Child, which reports on compliance with the Convention by the States Parties;

What, the Committee on the Rights of the Child has observed, through its reports, that Ecuador must adapt its internal regulations, in particular as to the minimum age for marriage, so that it will be an age with standards. international;

What, in accordance with the Civil Code can contract marriage, prior consent, adolescents from the age of 14 and adolescents from age 12;

What, Article 66, number 4 of the Constitution recognizes the right to formal equality, material equality and non-discrimination; and Number 5 determines the right to the free development of the personality, without more limitations than the rights of the others;

That, the numeral 9 of article 66 ibidem, recognizes the right of the Ecuadorians to make free decisions, informed, voluntary and responsible about their sexuality, and their life and sexual orientation;

What, article 67 of the Charter of Fundamental Rights recognizes the family in its various types. The State will protect it as a fundamental core of society and will guarantee conditions that will fully support the achievement of its own. These will be constituted by legal or factual links and will be based on the equal rights and opportunities of their members;

What, the rights of freedom referred to in Article 68 of the Constitution of the Republic, determine that the stable and monogamous union between two persons free of marriage bond who form a home in fact, for a period and under the conditions and circumstances that the law establishes, will generate the same rights and obligations as families constituted by marriage;

What, the numeral 3 of article 69 of the Constitution mandates that, in order to protect the rights of persons belonging to the family, the State will guarantee equal rights in the decision-making for the administration of the conjugal society and the society of goods. It is recognized that in order to achieve full equality between men and women, it is necessary to modify the traditional role of both men and women in society and the family;

What, article 341 of the Constitution mandates that the State will generate the conditions for the integral protection of its inhabitants throughout their lives, which will ensure the rights and principles recognized in the Constitution, in particular equality in diversity and non-discrimination, and will prioritize their action towards those groups that require

Second Supplement -- Registration Ofi cial No. 526 -- Friday, June 19, 2015 -- 3

special consideration for the persistence of inequalities, exclusion, discrimination or violence, or under its age condition, health or disability;

What, article 11 (4) of the Constitution mandates that no legal rule restricts the content of rights, or constitutional guarantees;

What, is indispensable for the rules (a) civil rights in respect of the rights of girls, boys and girls, families and the Constitution and the Treaties and International Conventions of which the country is a State party, so that the legislation is consistent with the constitutional rights in force in the country; and,

In use of its powers constitutional and legal issues the following:

REFORM LAW TO CIVIL CODE

Art. 1.-Remove the item number 4 from item 67.

Art. 2.- Replace Article 74 by the following:

" Art 74.- Provisional holders may sell a part or all of the furniture, if the judge sees fit.

The real estate of the missing person shall not be able to dispose of The sale of any part of the assets of the disappeared will be made in public auction.

Art. 3.-Replace Article 83 with the following:

" Art. 83.- People who have not been eighteen years of age will not be able to marry. "

Art. 4.-Replace Article 95 with the following:

" Art. 95.-The marriage contracted by:

1 is null. The surviving spouse with the author or accomplice of the crime or attempt to murder, murder, sichaiate or femicide of the deceased spouse or who has survived.

2. The person under 18 years of age.

3. The person bound by undissolved marital bond.

4. The person with intellectual disability who affects their consent and will.

5. Relatives by inconanguinity in a straight line.

6. Collateral relatives in the second civil degree of consanguinity. "

Art. 5.-Replace Article 96 with the following:

" Art. 96.- It is equally a cause of marriage nullity that the lack of free and spontaneous consent on the part of one or both of the contracting parties, at the time of the marriage, is that it comes from one or more of these causes:

1. Error regarding the identity of the other contract;

2. Intellectual disability that deprives the use of reason;

3. In the case of the service marriage; and,

4. Serious and serious threats, capable of instilling an irresistible fear. "

Art. 6.-Replace Article 98 with the following:

" Art. 98.-Any spouse may claim the invalidity of the marriage if it is based on essential defects in form or on the legal impediments referred to in Article 95. If it is based on the vices of the consent referred to in Article 96, only the injured spouse may be sued.

For criminal offences on the occasion of the marriage, the provisions of the Comprehensive Organic Code will be Criminal ".

Art. 7.-Replace Article 99 with the following:

" Art. 99.- The action of nullity of the marriage prescribes within two years from the date of the celebration, of the moment in which knowledge of the invoked causal or that the action can be exercised.

As an exception, the action of Nullity does not prescribe in the cases of ordinal 1., 3., 5. and 6. Article 95.

Loose marriage for any cause cannot be initiated for nullity action. "

Art. 8.-Replace the numeral 3 of Article 102 by the following:

" 3. The free and spontaneous expression of the consent of the contrayents and the obligatory determination of who will administer the conjugal society; "

Art. 9.-Replace Article 103 with the following:

"Art. 103.-Any person over the age of eighteen may be a witness to the marriage, except that:

1. Have intellectual disabilities that deprive you of consciousness and will; or,

2. Cannot be understood verbally, in writing or by sign language.

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Persons who do not understand the Intercultural Relationship languages will be assisted by a translator appointed in accordance with the the procedure for establishing the General Directorate of Civil Registry, Identification and Cedulation ".

Art. 10.-In article 108 (6) remove the phrase "from the public ministry or".

Art. 11.-Replace Article 110 with the following:

"Art. 110.- They are causes of divorce:

1. The adultery of one of the spouses.

2. Cruel treatment or violence against women or family members.

3. The usual state of disharmony of the two wills in married life.

4. Serious threats from one spouse against the other's life.

5. The attempt of one of the spouses against the life of the other.

6. Acts executed by one of the spouses with the financial involvement of the other or the children in illicit activities.

7. The sentence executed for a custodial sentence of more than ten years.

8. Whether one of the spouses is drunk on customary or drug addiction.

9. The abandonment of any of the spouses by any of the spouses for more than six months. "

Art. 12.-Replace Article 112 with the following:

"Art. 112.-In divorce the spouse who lacks the necessary for his/her support is entitled to be given the fifth part of the goods of the other, except that it is the cause of the divorce.

If you have goods but not so much value as that fifth party, will only be entitled to the supplement.

Among these assets, the value of their income in the conjugal society will be taken into account for this purpose. "

Art. 13.-Replace Article 114 with the following:

"Art. 114.- You may revoke any donations made by one of the spouses in favor of which the divorce has caused. "

Art. 14.-Replace Article 116 with the following:

" Art. 116.- If the marriage bond is dissolved due to the cause of the abandonment of the property, the property that the spouse has acquired

not be taken into account

aggrieved with its exclusive work, for the liquidation of the conjugal society, since such acquisitions shall be considered as personal assets of such a spouse. "

Art. 15.- In the first paragraph of Article 122 remove the sentence "and intervene in them, as part, the public ministry".

Art. 16.-Replace Article 124 with the following:

"Art. 124.-The action for divorce by the causals provided for in Article 110 prescribes within one year, as follows:

1. In the causes one, five and six, counted since the injured spouse became aware of the cause in question.

2. In the causes two, three and four, counted since the fact was performed.

3. In causal seven, counted since the respective statement was executed ".

Art. 17.-Replace Article 128 with the following:

" Art. 128.- The judgment of divorce shall not take effect until it is entered in the relevant civil registry office.

Of the judgment declaring the marriage bond dissolved, once entered, the margin of the record shall be taken The registration of the marriage, leaving a record of compliance with this requirement ".

Art. 18.-Replace Article 129 with the following:

"Art. 129.- The marriage contracted in Ecuador may not be annulled or dissolved by divorce, but by a judgment rendered by Ecuadorian judges, when one of the spouses is Ecuadorian and there are children under his age or under his or her dependency residing in Ecuador ".

Art. 19.-In Article 139, after the first paragraph, add the following to the following:

" It cannot be agreed that the conjugal society has a beginning before the marriage is celebrated or after the marriage ends. Any stipulation to the contrary is null ".

Art. 20.- Remove from article 146 the sentence ", heard the public ministry,".

Art. 21.-Replace Article 180 with the following:

" Art. 180.- The spouse who, by decision of the contrayents, is recorded as such in the marriage certificate or in the marriage capitulations, shall have the ordinary administration of the conjugal society.

The administrator shall be subject to the obligations determined in the law and in the case of marriage, to have them. "

Second Supplement -- Ofi cial Registration No. 526 -- Friday, June 19, 2015 -- 5

Art. 22.-Replace item 190 with the following:

"Art. 190.- The spouse to whom the care of children under eighteen years of age is entrusted to him, adults up to the age of twenty-one years who prove that they are pursuing studies at any educational level that prevents them or will blame them on a productive activity and lack of own resources and resources; and, those of any age, who suffer from a disability or their physical or mental circumstances prevent or prevent them from being able to obtain the means to subsist on their own, have a real right of use and room, in the event that there is only one social good intended for housing. The providence or judgment that constitutes this right must be entered in the register of the respective property.

The enjoyment of the right of use and the room in which it is spoken in the preceding paragraph eliminates the possibility that the other spouse cohaite in the well-taxed, being able to apply for amparo in his possession ".

Art. 23.-Replace Article 222 with the following:

"Art. 222.- The stable and monogamous union between two persons free from marriage, old, who form a household in fact, generates the same rights and obligations as families constituted by marriage and gives rise to a society of goods.

The union in fact can be formalized before the competent authority at any time. "

Art. 24.-Replace item 223 with the following:

"Art. 223.- In case of controversy or for evidentiary effects, the union is presumed to be stable and monogamous, after at least two years of this.

The judge to establish the existence of this union will consider the circumstances or the conditions under which it has been developed. The judge shall apply the rules of sound criticism in the assessment of the relevant evidence and verify that it is not for any of the persons listed in Article 95. '

Art. 25.-Replace item 230 with the following:

"Art. 230.- The ordinary administration of the property company corresponds to the living person who is authorized by public instrument or at the time of registering the union in fact. "

Art. 26.-Replace article 233 with the following:

"Art. 233.-The child born after the expiry of the one hundred and eighty days following the marriage, is reputed conceived in it, and has by father the husband, who can challenge the paternity by the comparative examination of the patterns of bands or Deoxyribonucleic acid (DNA) sequences.

This presumption will extend to the living survivor in the event of a fact that meets the requirements of this Code ".

Art. 27.-Add after article 233 the following unnumbered article:

"Art. 233 A.- The action of impeachment of paternity or maternity may be exercised by:

1. Who is meant to be a true parent.

2. The child.

3. The one that is legally registered as a parent and whose purpose is to challenge.

4. Persons to whom paternity or maternity may be challenged shall prejudice their rights to the succession of those legally established as their father or mother. In this case, the time limit for challenging will be one hundred and eighty days from the death of the father or mother. "

Art. 28.- Add the following numbered items after Article 242:

" Art. 242 A.- No voluntary recognition shall be accepted which contradicts an existing fi liation. If in fact it is produced, the new liation may not be entered and, if it is done, the registration shall be void. "

" Art. 242 B.- You may voluntarily recognize a child who has already passed away, however, this recognition shall not confer rights on the alleged parent, in the recognized succession of the recognized parent. "

Art. 29.-Replace article 245 with the following:

"Art. 245.- When the mother has passed on to other nuptials, it will be doubted which of the two marriages a child belongs and a court decision will be sought, the judge will decide for the result of the comparative examination of the patterns of bands or sequences

. 30.-Replace Article 246 with the following:

"Art. 246.- It is also presumed that a child has a father to the husband of his mother, when born in marriage, even though the hundred and eighty days to which Article 233 is refi. The husband may claim against the presumption of paternity by comparing the patterns of bands or sequences of deoxyribonucleic acid (DNA) practiced by public or private specialized laboratories with experts The Council of the Judicature. In the case of private laboratories, they shall have the operating permit of the public health authority. "

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Art. 31.-Replace Article 248 with the following:

"Art. 248.- Recognition is a free and voluntary act of the parent who recognizes.

In all cases recognition will be irrevocable. "

Art. 32.-Replace Article 249 with the following:

"Art. 249.- The recognition may be made by public deed, judicial declaration, testamentary act, judicially recognized private instrument, personal statement in the enrollment of the child's birth or in the marriage act.

recognition was notified to the child, who will be able to challenge him at any time.

If only one parent recognizes, he/she will not be able to express the person in whom or who the child had. "

Art. 33.- Replace Article 250 with the following:

"Art. 250.-The challenge of paternity recognition may be exercised by:

1. The child.

2. Any person who may be interested in it.

The recognition may challenge the act of recognition by means of nullity to show that at the time of granting it the concurrency of the essential requirements for its validity.

The absence of a consanguine link with the recognized one does not constitute proof for the challenge of recognition in that the biological truth is not discussed. "

Art. 34.-Replace article 255 with the following:

" Art. 255.- The action of the investigation of paternity or maternity corresponds to the son or his descendants, being able to exercise it directly or through his legal representatives.

Who has in charge the parental authority of the child of age will represent their rights to demand such research, guaranteeing the right of girls, boys and adolescents to know their identity, nationality, name and family relations, in accordance with the Code of Childhood and Adolescence and This Code.

Actions to investigate parenthood or maternity will be imprinted ".

Art. 35.-Replace article 258 with the following:

" Art. 258.- If the request for research to declare maternity or paternity is proposed, the defendant shall refuse to be his son, the actor shall ask the judge to perform the comparative examination of the patterns of bands or acid sequences deoxyribonucleic (DNA). In the event of refusal on the part of the defendant to submit to this examination by the judge, it will be assumed in fact the liation with the son ".

Art. 36.- Replace article 269 with the following:

" Art. 269.- In the event of a serious physical inability of both parents, or when it is contrary to the best interests of children, girls and adolescents, the judge may confi the personal care of the children to another person or persons eligible.

In the election of these people will be preferred to the nearest consanguineos, and, above all, to the ascendants ".

Art. 37.-Replace Article 304 with the following:

"Art. 304.- The suspension of the parental authority must be ordered by the judge with knowledge of the cause and after hearing the relatives of the son ".

Art. 38.-Replace article 332 with the following:

" Art. 332.- The marital status of married, divorced, widowed, union of fact, father and son will be tested with the respective copies of the Civil Registry minutes. "

Art. 39.-Remove the phrase "and the public ministry" in the first paragraph of article 379.

Art. 40.-The phrase "and the public ministry" are assumed in the first paragraph of Article 380.

Art. 41.- Remove from article 405 the phrase "and the public ministry".

Art. 42.- Remove from Article 424 the sentence "with public ministry hearing,".

Art. 43.- Remove from the second paragraph of Article 441 the sentence ", or the public ministry".

Art. 44.-Remove from the second paragraph of Article 447 the sentence ", heard the public ministry".

Art. 45.-Remove from the third paragraph of Article 459 the sentence ", hearing from the public ministry".

Art. 46.-Replace Article 464 with the following:

"Art. 464.- The trial of interdiction may be caused by the spouse of the supposed sink, by any of his consanguineos to the fourth degree, by his parents, children and brothers. "

Art. 47.-Remove from the numeral 1 of Article 533 the sentence "and other persons exercising the public ministry".

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Art. 48.-Remove from Article 552 the sentence "or which contravenes the provision of Art. 90".

Art. 49.-Replace item 560 with the following:

"Art. 560.- The person who exercises various tutoring or curatorships and is removed from one of them for fraud or serious guilt shall be removed from the other of the office or at the request of any person ".

Art. 50.Replace Article 561 with the following:

" Art. 561.-The removal may be promoted by an official or at the request of any person. In all cases, the relatives of the pupil will be heard. "

Art. 51.-Replace Article 839 with the following:

"Art. 839.- The assets which form the family's assets are inalienable and are not subject to an actual lien or lien, except in the case of executions for the recovery of the claims referred to in the sixth indent of Article 465 of the Treaty. Monetary and Financial Organic Code, the one of the pre-established easements and those that will become enforced and legal.

Also excepted the event in which the debtor will be in arrears in the payment of his obligations originated in the (a) the appropriations referred to in the preceding subparagraph, after verification that the latter is unable to cover the securities owed by another means other than the disposal of their property, in which case the lending institution may authorise the total or partial disposal of the property, without the need for a judicial license. "

Art. 52.-Replace Article 841 with the following:

" Art. 841.- In cases of need or convenience, the judge may decide to provide the buildings that form the estate ".

Art. 53.- Remove in the fourth paragraph of Article 842 the sentence ", with knowledge of the cause and hearing of the public ministry".

Art. 54.- Replace Article 853 with the following:

"Art. 853.- Cases of invalidity, termination and any dispute arising out of any dispute shall be settled in accordance with Art. 847. "

Art. 55.- Remove from the third paragraph of article 1094 the phrase "to the public ministry and".

Art. 56.- Replace Article 1312 with the following:

"Art. 1312.- Any person may ask for the necessary judicial providences for the obligors to fulfill the legacies intended for public benefit, works of religious piety or public utility. "

Article 57.- Substitute Articles 1619 and 1699, for the following:

"Art. 1619.- If the creditor is absent from the place where the payment is to be made, and does not have a legitimate representative there, the respective measures shall be carried out on summary information of the absence and lack of a representative. "

"Art. 1699.- The absolute nullity can and must be declared by the judge, even without a request of party, when it appears of manifest this in the act or contract; it can be alleged by all that it has interest in it, except that it has executed the act or celebrated the contract, knowing or having to know the vice that invalidated it; and it cannot be healed by the ratification of the parties, nor for a period of not more than fifteen years. "

Art. 58.- Replace article 1700 with the following:

"Art. 1700.-The relative nullity shall be declared by the judge at the request of the party. It must be argued by those in whose benefit the laws have been established by their heirs or transferee. It may be healed in the course of time or by the ratification of the parties.

The acts performed by one of the spouses in respect of the property of the conjugal society, without the consent of the other spouse when it is necessary, are relatively void, and the relative nullity may be alleged by the spouse whose consent was necessary and lacking.

If one of the spouses performs acts or contracts relating to the other's goods, without having their representation or authorization, the same relative nullity is produced, which may be claimed by the spouse to which the goods are of the act or contract ".

UNIQUE TRANSITIONAL ARRANGEMENT.- The conjugal society of the marriages concluded before the validity of this Law, shall continue to be administered by the spouse who has been exercising it.

SINGLE REFORM PROVISION.- Replace Article 26 of the Civil Registration, Identification and Cedulation Act with the following:

" Art. 26.-Records classes.-The Civil Registry, Identified and Cedulation Fines will carry the following records in duplicate:

1. Of births;

2. Of marriages;

3. Of deaths;

4. De facto joins; and,

5. The others who point out this Law.

A copy will be carried in a book and the duplicate on cards that will have the same legal value. "

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SINGLE DEROGATION PROVISION

Repeal Articles 82, 84, 85, 86, 87, 88, 89, 90,109, 111, 125, 135, 149, 154, 234, 235, 236, 237, 238, 239, 240, 241, 251, 253, 254, 256, 257, 260, 261, 262, 263, 264, number 2 of Art. 310, 462, 473, 497 and 543 of the Civil Code.

FINAL DISPOSITION-This law shall enter into force on the basis of its publication in the Ofi Register

Given and subscribed to the headquarters of the National Assembly, located in the Metropolitan District of Quito, Province of Pichincha, at the sixteen days of the month of June of two thousand fifteen.

f.) GABRIELA RIVADENEIRA BURBANO President

f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat