“INCONGRUENCIAS JURÍDICAS EN LA DECLARATORIA DE EXTINCIÓN DE PATRIMONIO FAMILIAR POR PARTE DEL NOTARIO PÚBLICO”
This degree thesis is entitled "LEGAL INCONGRUENCES IN THE DECLARATION OF THE EXTINCTION OF FAMILY HERITAGE BY THE NOTARY PUBLIC", and arises from the need to carry out an analysis of the Notary Law, on the attributions of the Notary, specifically to carry out the extinction of the family...
Wedi'i Gadw mewn:
| Prif Awdur: | |
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| Fformat: | bachelorThesis |
| Iaith: | spa |
| Cyhoeddwyd: |
2021
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| Pynciau: | |
| Mynediad Ar-lein: | https://dspace.unl.edu.ec/jspui/handle/123456789/24212 |
| Tagiau: |
Ychwanegu Tag
Dim Tagiau, Byddwch y cyntaf i dagio'r cofnod hwn!
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Ychwanegu Tag | Crynodeb: | This degree thesis is entitled "LEGAL INCONGRUENCES IN THE DECLARATION OF THE EXTINCTION OF FAMILY HERITAGE BY THE NOTARY PUBLIC", and arises from the need to carry out an analysis of the Notary Law, on the attributions of the Notary, specifically to carry out the extinction of the family patrimony; However, according to how this attribution is drafted, the Notary Public has exceeded his functions and has declared the extinction for all the causes that are typified in the Civil Code, when in this legal body only number four is indicated, in other words, by subrogation, as an attribution of the Notary to extinguish the already constituted family patrimony, in this way the rights of the beneficiaries to said patrimony and due process are violated. Thus, the present investigation is aimed at establishing a conceptual, doctrinal, legal and comparative foundation, where it is shown that the Notary Public does not have the competence to declare the extinction of the family patrimony for reasons other than that established in the Civil Code This is due to the lack of clarity in the drafting of the Notarial standard, thus generating a contradiction with what is established in the civil regulations of our country, in addition to taking powers that only correspond to the Civil Judges or Multicompetent Judges if this is the case. In the development of the thesis, materials and methods were applied to develop this legal research, in addition, interviews and surveys were carried out with legal professionals who knew the problem, results that served to propose a legal reform project to the Notary Law in the article 18 numeral 10 to guarantee the rights of the beneficiaries to the family patrimony, legal security, and due process, established in the Constitution of the Republic of Ecuador. |
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