“Reforma del artículo 66 del código civil ecuatoriano, implementando la figura jurídica de la ausencia para la declaratoria de la muerte presunta.

The present degree thesis deals with the title of: "REFORM OF ARTICLE 66 OF THE ECUADORIAN CIVIL CODE, IMPLEMENTING THE LEGAL FIGURE OF THE ABSENCE FOR THE DECLARATORY OF THE PRESENT DEATH." And the legal problem is framed in the Civil Code, is found in the first book, paragraph 3 called “Of the presumption of death by disappearance” in its Art. 66 that mentions us; The individual who has disappeared is presumed dead, ignoring if he lives, once a series of conditions are verified. We can realize that the legislator in the legal institution of the presumed death does not make a clear differentiation as to the terms used between absent and disappeared, these terminologies are not always constant and vary according to the laws, taking into account that; the absent person is the person whose existence is not possible to establish for any fact and whose death cannot be proven and the missing person is the one who has ceased to be seen from an accident or catastrophe in which he has all the probability that there is, the doctrine Ecuadorian differs from the term "absent" since this concept is assimilated to what the law refers to as missing. Hence the problem raised is to correct this erroneous interpretation of these terms by the legislator and thus guarantee the right to legal security of the person. The theoretical and field work of this thesis has allowed me to obtain opinions, with clear foundations, of well- known bibliography, which contributed to the verification of objectives, and contrast of the hypotheses raised, allowing support for changes to the Civil Code, prior to guarantee the correct implementation of the terms and the right to legal certainty, proposing a reform project, in order to avoid violations of the civil rights of the persons allegedly killed.

• Main Author: Villafuerte Bustamante., Nicole Xiomira (author)
• Format: bachelorThesis
• Language: spa
• Published: 2021
• Subjects: DERECHO; ARTÍCULO 66 CÓDIGO CIVIL; MUERTE PRESUNTA
• Online Access: https://dspace.unl.edu.ec/jspui/handle/123456789/23784