La apertura del testamento solemne cerrado en el Ecuador, su inseguridad jurídica y a cargo de quien está hasta su custodia.

Abstract

The present investigation has the objective of studying the opening of the solemn testament closed, with the due determination of who is in custody until its effective opening and publication, the main problem is established starting from when the Notary is not authorized to receive any type of consignment with the exception of the taxes for transfers of ownership that are paid to the pertinent Autonomous Municipal Governments, for which reason it is impeded from acting as consignee, and depositary, raising the risk of losing its closed and secret nature by elevating it to deed and without elevating it to writing the possibility increases that upon the death of the testator, no one knows of the testament or can be altered by passing through the hands of a relative; The chosen case study is characterized by a deductive, analytical and comparative method with observation techniques, interviews with experts and bibliographic review oriented to the procedure that the notary must maintain with respect to the custody of closed solemn wills, these techniques They allowed concluding that the majority of notaries have not concluded closed wills and that it is necessary to modify article 18 number 19 and article 25 of the Notary Law, it must be in the sense of requiring that the original testament be deposited in the notary's office. held and granted said act, that the notary be defined as custodian to safeguard the legal security that should cover the rule, in addition to clearly specify that the "notary will be the custodian", and the reforms of the same legal body so that there is coherence within the Art. 20 of the same Law.