Constitución de patrimonio familiar voluntario en sede notarial.

Abstract

The civil code Ecuadorian does not give a definition of family heritage, it only contemplates the procedure to constitute it, extinguish it and what is its purpose, it prescribes that the spouses of legal age, individually or jointly, have the right to constitute a patrimony with real estate of their exclusive property for yes or for the benefit of their descendants. Currently, for the validity of the constitution of voluntary family patrimony, authorization from a competent judge is required, in addition to establishing the appraisal, an appraisal must be made and the appraisal of the property cannot exceed forty-eight thousand dollars of the United States of America. The purpose of this research is to prepare a project through which the voluntary family patrimony can be constituted in a notarial headquarters for which the Constitution of the Republic of Ecuador, the Organic Code of the Judicial Function, the Civil Code, and the Notarial Law, as well as the comparison of Ecuadorian legislation with laws of other countries such as Colombia, Peru, Bolivia, Mexico and Venezuela, applying theoretical methods such as the historical logical, legal doctrinal, legal-compared. Observing the principles of speed, efficiency and procedural economy, enshrined in the Constitution of the Republic of Ecuador, it is necessary to grant this power to the Notary in order to benefit the users, for which reforms to the Civil Code are proposed in its articles eight hundred forty-three, eight hundred forty-four, eight hundred forty-five, eight hundred forty-six and eight hundred forty-seven; and, article eighteen of the Notarial Law.