Incapacidades para testar.

Abstract

The Inheritance Law aims to regulate the legal consequences that originate with the death of the causative, including the guarantee of the fulfillment of his will expressed in the testament. However, we find people who are disabled, to be beneficiaries of proven succession or even intestate, likewise we find limitations so that certain people can grant a will by not being able to freely dispose of their assets due to the condition in which they find themselves and by law are known as incapable. It is for this cause that we will analyze the cases in which there is some type of disability as indicated in the third book of the Civil Code, so that we can conclude and recommend, whether there is indeed, or not, the right to test or to be beneficiary for the disabled under the vision of Fundamental and Humans Rights. This work aims to analyze whether the regulations that appear as active, are violating or in any way oppose the right to inherit or testify of the so-called incapable, determining if they should really limit their acts without protecting their interests. Ecuador is a state that guarantees rights and justice that must ensure compliance and protection of the rights of people without any distinction. In the event that it is not being regulated correctly, an attempt will be made to propose a normative that regulates the legal consequences of these people in accordance with the applicable fundamental and human rights regulations, according to the Constitution and the international human rights treaties signed by the country.