La acción de reforma del testamento en el Código Civil Ecuatoriano

The testament in the Republic of the Ecuador should take place before Notary public, the Art. 1037, of the Ecuadorian Civil Code manifest that the” Testament is more or less an act solemn in that a person has everything or a part of her goods, so that she has full effect after her days, conserving the ability to revoke the dispositions contained in the, while she lives.” The allotment of the successions, with or without testament, he/she is normado for the Ecuadorian Civil Code; this whole procedure has its origin in the married society, where each one of the conyugues has a percentage of fifty percent. If one of both dies the percentage of their participation he/she opens up to be distributed their heirs, if the tuviere. If the person died accent a testament that should take place before a Notary and to register in the Registration of the Property fifty percent one has to distribute among their children. Nevertheless, the background problems with the testaments arise when the goods cannot divide, that which implies that a judicial action should begin to complete the deceased's will. An inventory trial should be continued, if inside the testament it was not detailed the died person's goods. Then with the action of reformation of the testament it is looked for that they are given to the legitimarios what corresponds them for Law, when the testator has not left them to him in its testament, because although the testator can have its goods to its will it is forced by the Law to respect the mandatory assignments. The reformation of the testament is requested when being even named in the testament, there has been an imperfection in what really corresponds the heir, but when one gives the case in that the legitimario was not even named in the testament, he/she would have to prove heir's quality inside the pending succession or to begin an action of inheritance petition when the process has finished. The action of reformation of the testament will be able to be Intestate in the four counted years starting from the day that you/they had knowledge of its legitimario quality and of the testament, this action can be exercised by the legitimarios and people to who had been transmitted its right, it can also be exercised by the spouse survivor so that he/she is integrated its married partition

• Hovedforfatter: Aldaz Merchán, Pablo Mauricio (author)
• Format: bachelorThesis
• Sprog: spa
• Udgivet: 2015
• Fag: EL TESTAMENTO; ACTO JURÍDICO; CLASES DE TESTAMENTOS; CÓDIGO CIVIL ECUATORIANO
• Online adgang: http://dspace.unl.edu.ec/jspui/handle/123456789/8761