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THE LAW OF THE STATE BEFORE INTESTATE SUCCESSIONS, IMPACT ON THE ASSETS OF HEIRS. ECUADOR CASE STUDY

Abstract:

In the Ecuadorian State, as in many other countries, there are laws for inheritance. In Ecuador, in the event of an intestate succession and in the absence of direct heirs such as children, the siblings enter by representation, and in the absence of these, the nephews. At that moment, the State appears as the preferred nephew to access that succession with a benefit of 50% if there is only one nephew; a third part if there are two; and a quarter if there are three or more. This affects the patrimonial right and violates it. It is not a question of the inexistence of successors so that they can give a productive use to the assets left by the deceased-because in this case there are-, but of a perspective in which the State is no longer only the active subject but a successor who it harms the right of the other nephews within that inheritance. Theoretical and empirical methods were used, such as those associated with the logical processes of thought (analytical-synthetic, inductive-deductive), the logical history, as well as the review of documents, the survey, among others. It concludes by proposing a revision to the Civil Code Book III, specifically articles 1023 and 1032 to protect the interests and private property of citizens. Excluding the State from intestate successions as preferential nephew and leaving it alone as universal heir in case there are no heirs.