El Derecho Sucesorio en la adopción a la luz del Derecho Comparado Latinoamericano

ABSTRACT: The degree work focuses on the study of inheritance law in the context of adoption, analyzing doctrinal conceptions, legal provisions, and a comparison with Latin American countries. It addresses the restriction of the inheritance rights of adopted children according to Article 327 of the Ecuadorian Civil Code, highlighting the need to comply with the constitutional principles that guarantee equal rights for all family members, regardless of their biological or adoptive origin. The objective is to make a comparison of inheritance law in adoption among different Latin American legislations, to identify the existence of similarities and differences with respect to the Ecuadorian legislation. Different methods were used, such as analytical legal, legal comparison, descriptive legal and exegetical. The study adopts a qualitative approach with a non-experimental design. Techniques such as the interview and the file were used, supported by specific instruments such as the interview guide and a comparative law analysis form. As a main result, despite efforts to guarantee an adequate family environment for adopted children, inconsistencies persist in the Civil Code that affect their inheritance rights, contradicting constitutional provisions and the Code of Childhood and Adolescence. It is crucial to address these irregularities by prioritizing the best interests of the child.

• Yazar: Herrera Avilés , Hilary Patricia (author)
• Diğer Yazarlar: Valdivieso Maggi, Jhonn Bryan, Gavilema Lema, Evelyn Yamilex (author)
• Materyal Türü: bachelorThesis
• Baskı/Yayın Bilgisi: 2024
• Konular: Sucesión; derecho de sucesión; derecho comparado; adopción
• Online Erişim: http://dspace.unach.edu.ec/handle/51000/13297