Comparative Analysis Between Ecuador and Spain Regarding the Solemnization of Domestic Partnerships

Abstract

This article analyzes de facto unions and their formalization in Ecuador and Spain, constituting a comparative legal study. The regulatory frameworks of both countries present similarities and differences in procedures and legal effects, making it necessary to study them in order to understand how couple relationships are regulated in different legal contexts and to identify areas for improvement in the regulation of this legal figure that could benefit the formalization of de facto unions in Ecuador. From this issue arises the following question: How can Ecuador’s procedural system be improved through a comparative analysis of de facto unions between Ecuador and Spain? The objective of this research is to carry out a comparative analysis of both countries, identifying their main similarities and differences regarding the formalization process. Several key aspects have been identified to guide the development of this research: its application, legal requirements, declaration, registration in the corresponding registry, and the termination of this form of cohabitation. The study follows a qualitative approach, based on the interpretation and identification of themes and meanings related to the variables under study. The methods used were the dogmatic method, which allowed for the bibliographic review of both countries, and the exegetical method, through which an interpretative analysis of the legal norms was carried out. The results show that although this figure is recognized in both countries, Spain presents a stronger regulation, with broader rights recognition. Instead, Ecuador faces challenges in implementation and in harmonizing norms at the national level.