Progressivity of marriage, history and new paradigms in Family Law

Abstract

Traditionally, the family model established in the Ecuadorian state was built on the fusion between Roman marriage and canon law, rooted in this concept since 1563, through the Council of Trent, which imposed the obligation to formalize the relationship between man and woman before the ecclesiastical authority and subject to the rites of that time. The aim of this work will show that today we have overcome these conditioning factors with the evolution of institutions such as the family, which has new perspectives and variations, due to demographic, economic, political, social, and cultural issues, etc.; promulgating the freedom to fully exercise the rights of people, and mainly, of those who make up a family group in diversity. Methodologically, an analytical-descriptive study is carried out of the main institutions addressed, such as the family, filiation, marriage, investigating from their beginnings until culminating with a current approach. After the argumentative development, we will address the conclusions that show specific aspects such as breaking schemes, confronting current situations and accepting with respect and without discrimination the new forms of family constitution, from the current framework of marriage, thus determining its progressiveness and influence throughout Ecuadorian history in its social, public policy, cultural and other dimensions, in short, the development of our own society.

Keywords

• family
• discrimination
• identity
• marriage
• sex