Abstract

JHAYYA-GARCES, Andrea Estefania; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. Voluntary revocation of dissolution of marital partnership filed before a public notary in Ecuador. Noesis [online]. 2025, vol.7, n.esp1, pp.1470-1482.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.504.

The solemnity of marriage gives rise to the marital partnership, which, according to Ecuadorian law, can be terminated by the will of one or both spouses without extinguishing the marriage bond. However, once dissolved, current regulations do not allow the decision to be reversed. This paper proposes legal guidelines to offer a solution to those who, after dissolving the marital partnership, wish to return to the previous property regime. In Ecuador, there is no regulation that enables notaries to declare the revocation of this voluntary dissolution, which constitutes an obstacle for those interested. Although Article 221 of the Civil Code regulates marital separation at the request of the spouses, it does not provide for the restoration of the marital partnership once it has been terminated. The proposal seeks to give notaries the power to declare the revocation of the dissolution, guaranteeing legal certainty and respect for the will of the spouses.

Keywords : Marriage; Marital partnership; Dissolution; Notarial law..

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