Adultery Grounds, Full Proof, and the Right to Privacy

Abstract

Adultery in Ecuadorian legislation is one of the grounds for the dissolution of the marital bond, as stipulated in the Ecuadorian Civil Code. It has been the subject of controversy concerning the means of proving this ground. The definition of adultery is the carnal access of one of the spouses with another person outside of marriage. However, the means to prove adultery are not easily accepted in court as they may infringe upon constitutional rights, such as the right to privacy. This scientific article aims to create a critically analytical document on the evidentiary implications of the adultery ground concerning the right to privacy and its impact on the ability of the parties to provide full proof in cases of adultery. The research utilized a qualitative research methodology, along with bibliographic, analytical-synthetic, and historical-logical methods, to analyze the information obtained from various specialized sources.