Implementación del procedimiento voluntario para sustanciar la declaratoria de Unión de Hecho Post Mortem cuando no existe contraparte, en el cantón Guaranda, año 2021.

De facto union, also known as concubinage or free union, is a relationship where two people live together in a stable and continuous manner without being formally married. This form of relationship is recognized in various legal systems and usually has legal implications similar to those of marriage in aspects such as inheritance, common property and custody of children. De facto union is one of the most widespread forms of family coexistence throughout our country, which is enshrined in both the Constitution of the Republic of Ecuador (2008) and the Civil Code (2005). The regulations that regulate the de facto union, establish as a requirement to determine its existence, the declaration of its validity by the couple, a declaration that can be made through judicial or extrajudicial means, only with this declaration does the de facto union take full effect. legal. However, in the event that one of the cohabitants dies and the de facto union has not been declared before his death, the law authorizes this declaration to be made post mortem, which must be carried out in an ordinary procedure, the which is the most extensive procedural means of substantiation contemplated by the General Organic Code of Processes (2015). Upon the death of the cohabitant, if there is no counterpart, the declaration of post-mortem de facto union should be processed in a voluntary procedure, which is much more agile and allows the request made to the administration of justice to be concluded in a faster time. For the development of this research, the analytical method has been used, collecting information regarding the declaration of the post-mortem de facto union and 4 the procedure used for its declaration, in addition to the dogmatic-legal method, with which it has been analyzed. the legal system that regulates the de facto union and its declaration of fact post mortem in our country. Quantitative research allowed data to be collected statistically. Keywords: De facto union, post mortem, voluntary procedure.

• 主要作者: Chacha Paz, Lourdes Elizabeth (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2024
• 主題: UNIÓN DE HECHO; POST MORTEM; PROCEDIMIENTO VOLUNTARIO; CANTÓN GUARANDA
• 在線閱讀: https://dspace.ueb.edu.ec/handle/123456789/7331