Testamento privilegiado : testamento marítimo.

Abstract

The present work of investigation will be based on the maritime testament also nown as naval testament, which forms part of the classification of the privileged testament also known as special or less solemn testament, and the conception of privileged testament, it lies in the impossibility that the testator has to comply with certain formalities that the ordinary testament demands according to the civil Ecuadorian code. And the maritime testament is one of them, since it is that testament that is granted during the navigation of a vessel, already it is this one, a warship or merchant vessel. It is necessary to indicate that this type of testament, doctrinally, admits several ways of testing and they are: the first one of opened or closed form; the second one of extraordinary form, The third form granted by a foreigner and finally of holograph form. The maritime testament on the other hand establishes the suitable people to be able to grant it, which they are: the chiefs, officials, crew members and any person who is inside in a warship or a merchant vessel, likewise establishes protection measures of the testament and caducity of it. In our Ecuadorian legislation, the privileged testament is located from the article 1068 to the article 1083, and the maritime testament is located specifically from the article 1077 of our civil Ecuadoran code up to the article 1083.