La competencia en la constitución y extinción del patrimonio familiar
The family patrimony has its origins in Rome, where the pater familias exercised absolute control over his family. In Ecuador, this concept was recognized in the 1996 Constitutio n and reaffirmed in 1998. The concept of family patrimony was formalized in 1940 through reforms to the Civil Code. This...
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| Médium: | masterThesis |
| Jazyk: | spa |
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2026
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| Témata: | |
| On-line přístup: | https://dspace.uniandes.edu.ec/handle/123456789/19793 |
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Přidat tag | Shrnutí: | The family patrimony has its origins in Rome, where the pater familias exercised absolute control over his family. In Ecuador, this concept was recognized in the 1996 Constitutio n and reaffirmed in 1998. The concept of family patrimony was formalized in 1940 through reforms to the Civil Code. This patrimony is characterized by being inalienab le, imprescriptible and unseizable, although there are exceptions. Its constitution requires the approval of a civil judge and must be formalized by means of a public deed. The extinction of the family estate can occur by the death of the beneficiar ies or the consent of the spouses, as well as by subrogation and must be processed before a notary; which poses a dilemma regarding the competence of the authorities involved. A qualitative methodological design was used, with a documentary approach that included the review of legal and doctrinal texts. The methodology allowed exploring the normative conflict and understanding the reasons behind the collision between notarial and civil law. It is concluded that the figure of the family estate breaks the legal parallelism. The simplified extinction, especially by subrogation, generates doubts about the legal security due to the lower formality compared to the complex constitution. |
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