La formación de inventario de los bienes de propiedad del causante ante el notario

For intestate succession to be applied, it is necessary to determine the estate, and it is essential to draw up an inventory of the deceased's assets. Notaries are currently recognized as having the right to grant effective possession of the deceased's assets and formalize the extrajudicial division among the heirs. The Notarial Law does not contain a specific provision granting them the right to formalize the inventory submitted by those interested in the succession. This means that the inventory must be resolved through a voluntary procedure in court, resulting in procedural overload in judicial units that delay the succession process. The general objective of this work is to establish the appropriateness of granting notaries the power to prepare and formalize an inventory of the deceased's assets in order to facilitate intestate succession more quickly. Inductive and deductive methods were used to study the theoretical and comparative frameworks for reviewing the legislation of other countries, as well as documentary research and interview techniques to obtain factual elements to support the study. The results obtained make it possible to establish the need to incorporate the preparation and solemnization of the inventory as the exclusive attribution of the notary in all cases where there is an agreement between the heirs and there are no incapacitated persons among them. In conclusion, it is established that it is necessary to reform the Notarial Law, incorporating the exclusive power of the notary to solemnize the inventory.

• Autor principal: Ochoa Espinoza, Inés Cristina (author)
• Format: masterThesis
• Idioma: spa
• Publicat: 2025
• Matèries: SUCESIÓN; INVENTARIO; NOTARIO; PARTICIÓN
• Accés en línia: https://dspace.uniandes.edu.ec/handle/123456789/19766