Bibliographic citations
Sotomayor, E., (2024). Propuesta normativa para el adulterio cibernético como causal de divorcio en el Código Civil peruano [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/36799
Sotomayor, E., Propuesta normativa para el adulterio cibernético como causal de divorcio en el Código Civil peruano [Tesis]. PE: Universidad Privada del Norte; 2024. https://hdl.handle.net/11537/36799
@misc{renati/515312,
title = "Propuesta normativa para el adulterio cibernético como causal de divorcio en el Código Civil peruano",
author = "Sotomayor Salas, Estuardo Nicolas",
publisher = "Universidad Privada del Norte",
year = "2024"
}
The current research that has been carried out aims to specifically propose, as its name indicates: “Normative proposal for cybernetic adultery as a cause for divorce in the Peruvian Civil Code“, in order for it to be created and in this way can apply at the national level in the multiple cases that currently occur. It is for this reason that it was deepened and carried out and had as a starting point the different forms and modalities of communication that have been carried out for years and have evolved over time, such as Facebook, WhatsApp, Instagram, TikTok, Twitter , Online Love, Tinder, Match.com, Email, among others. For which the different means of evidence can be used such as the multiple conversations, videos, photos and files exchanged between both people and in this way the Magistrates can determine in a more accurate and reliable way if the fidelity that both spouses have been violated. should be. Likewise, the General Problem is indicated: Is it feasible to regulate cybernetic adultery as a cause for divorce in the Peruvian Civil Code?, for which the General Objective was reached: Analyze the importance of regulating cybernetic adultery as a cause for divorce in the Code. Peruvian Civilian. The present Research Work regarding its Methodology was developed with an Approach: Qualitative, the goal pursued is of Type: Theoretical or Basic, according to direction in Time: It was Transversal, the Level: It was Explanatory, the Research Design Likewise, it was: Qualitative, the Method used was: Legal Hermetic Method and the Analytical-Synthetic Method, the Techniques that were used were: The Interview and Documentary Analysis, while the data collection instruments that were used were: The interview guide and documentary guide. The current Research Work was developed with a Population of: 10 lawyers specializing in the subject and Doctrine related to the subject, an intentional non-probabilistic Sampling of 05 lawyers specializing in the subject was applied. The conclusions reached at the end of this research work were: 1. It is essential to regulate cyber adultery as a cause for divorce in the Peruvian Civil Code, since the conduct that consists of the exchange of sexual messages through digital platforms (sexting ) with a third party, if it affects the spouse, violating the former's loyalty. 2. At the international level, if virtual infidelity or cybernetic adultery is considered as a cause for the dissolution of marriage, then international doctrine places greater emphasis on the fact that regulations must regulate that as a cause of virtual or cybernetic adultery, since it is feasible. to prove it and if it is of legal importance. 3. One of the figures that must be respected in the marital union is fidelity, which is betrayed by having conversations of a sexual nature with someone other than the spouse, carried out via the Internet or social networks, which is why cybernetic adultery is virtual infidelity if they comply with the necessary assumptions to be used as means of proof that seek to dissolve the marital bond. 4. One way to incorporate the figure of cybernetic adultery as a cause for divorce is through the civil code, thus seeking that in addition to what has already been contemplated, it is taken into consideration that the exchange of sexual messages over networks is equally harmful to maintaining sexual relations with someone other than the spouse.
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