Ampliación de las causas y sujetos pasivos de indignidad según el art.1010 del código civil

Personality as an essential attribute of the person, is extinguished by the death of it. This is so important in the lives of people, natural event produces significant effects on the law in general and civil law in particular. Death leaves a property, rights and obligations of the deceased, not subject to the right; and unable to remain in this state, the Inheritance Law and the Law, prevent the forms and conditions for one or more persons legally take the place of the predecessor as holders of those assets, rights and obligations established by an order of continuity between people die and that happen. These effects translate that to end the individual, and thus personality, ceases to be a subject of law, succession in the opening, by which the estate left by the predecessor is acquired, occurring between the predecessor successors and legal relationship. The succession upon death comes from the fact that every person be subject to the rights and obligations, and not extinguished their heritage with the passing of the same, will be broadcast according to the law applicable to them; ie descendants, ascendants and surviving spouse respecting the will of the deceased with the limitations stated in the Act. However, the Civil Code within their system also offers several figures exclusion of inheritance called indignities. Provided to the indignity as the lack of merit to acquire by succession upon death the estate of a deceased person. This person must be determined, since the faults referred to the Law always related to the deceased or his family members. The mere commission of an offense, however serious indignity carries no heir, unless they have committed against the deceased or their close relatives. It is considered as an indignity to veto the law imposes should be broken between the deceased and assigns the harmony that should exist in a human relationship. The indignity supposed lack of merit to the deceased succeeded, which are listed exhaustively in the law, but these are not sufficient grounds to ensure the estate of the deceased, so it is imperative to increase certain behaviors as causes of indignity. Such is the case of infidelity by a spouse of the deceased, which indirectly would unfairly inherit the husband or wife post. It is also important to add as a cause of unworthiness that a successor this being criminally prosecuted, which would raise the civil action of unworthiness before the judgment in the criminal process. This policy failure in the grounds of unworthiness to succeed in the Ecuadorian civil law, produce negative effects that are not related to the constitutional rights and principles of good living, just and legal. Therefore it is necessary for an amendment to Article 1010 is performed, in order to incorporate these causes of unworthiness and thus comply with the constitutional principles of justice and equity.

• Hlavní autor: Fierro Taco, Wilson Napoleón (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2014
• On-line přístup: http://dspace.unl.edu.ec/jspui/handle/123456789/14890