Situación que surge al momento de otorgar la posesión efectiva en el Ecuador.

Abstract

The purpose of this academic work is to recommend a strengthening of effective possession, which occurs in most cases without leaving a will. The process for effective possession is before a Notary Public, who acknowledges these people, but there is uncertainty if these alleged heirs are the only ones or if as such, they hold this quality. We will analyze the little or total lack of control by the Notary at the time of issuing the effective possession, with only the formality of a previous sworn statement with the exception of ¨without prejudice to third parties¨, leaving open the possibility of third parties that believe they are heirs of the assets left by the deceased. These alleged heirs whose objective is to dispose of the deceased's assets, in particular pecuniary assets, that are fungible such as money and as such disappear at the first use, cause an uncertainty for the heir who requested effective possession after which In principle, it was requested and was not recognized, since the banking entities have effective possession as a requirement, thus leaving the delivery of securities to whoever presented possession first. We will make a brief comparison with Chilean legislation, to develop a proposal that is applicable in the country, granting the notary a tool which achieves a better certainty, such as a database with the Civil Registry, which notaries have access in order to contrast the information submitted by the applicants, thus leaving better legal security for all the deceased's heirs.