La indignidad de los herederos ante el maltrato al causante, en el cantón Guaranda, año 2021.

The research work: "The unworthiness of the heirs before the mistreatment of the deceased, in the canton Guaranda, year 2021" was oriented to address the issue of the unworthiness of the heirs in general terms, raising the conditions that must meet the unworthiness in general terms, such a...

Fuld beskrivelse

Saved in:
Bibliografiske detaljer
Hovedforfatter: Villafuerte Tubún, Solanda Juleixy (author)
Format: bachelorThesis
Sprog:spa
Udgivet: 2024
Fag:
Online adgang:https://dspace.ueb.edu.ec/handle/123456789/7155
Tags: Tilføj Tag
Ingen Tags, Vær først til at tagge denne postø!
Beskrivelse
Summary:The research work: "The unworthiness of the heirs before the mistreatment of the deceased, in the canton Guaranda, year 2021" was oriented to address the issue of the unworthiness of the heirs in general terms, raising the conditions that must meet the unworthiness in general terms, such as the case of the legitimated active, procedure and legal effects that it produces. On the other hand, the mistreatment of the deceased was analyzed as a cause of unworthiness, when it is carried out by the heirs, anticipating that the mistreatment can take several forms such as psychological, physical and even abandonment, which in the case of the elderly reduces their quality of life, because they are limited in their functions. In this way, the present work analyzed the conditions that must exist in order to declare the unworthiness of the heirs, under the cause of mistreatment of the deceased, separating from the right of inheritance those who had provided any type of mistreatment to the person of the deceased. Within the methodology, a qualitative approach was used because it is proper of the Law, with a descriptive scope, since the figures present in the Ecuadorian legislation must be analyzed. The method used is the interpretative one, which was applied on the documentary analysis of the Constitution, laws, doctrine and jurisprudence, therefore, the technique used was the bibliographic review, by means of the documentary analysis guide. Finally, for the field research, the survey technique was used, for which the survey guide was used. Finally, the main conclusions and recommendations of the research work were reached. In the main, the conclusions are oriented to expose that when the heirs mistreat the deceased in any way, they cannot succeed him by using his assets, when in life they caused him pain and suffering. As for the recommendations, the research work proposes that, in the case of older adults living in gerontological centers, mistreatment should be understood as abandonment of the deceased, XVI which includes the heirs' reluctance to pay for the expenses or medications necessary for their subsistence. Key words: grounds for unworthiness, inheritance, abuse of the deceased, moral and economic abandonment.