La herencia y la donación según la voluntad de la persona.

Abstract

The Successor Law, has established a line to follow around the legitimists, this has been adapted worldwide, in the civil code of Ecuador, is stipulated as the first order of legitimacies to children, followed by parents and his/her spouse; the brothers go as the third order, and in the fourth order the nephews, in case none of the named figures exists, the state inherits. The analysis to that will be carried throughout this research, falls on the freedom of the individual and the relationship of the personality attribute, against the position of the consanguineous right to succeed its legitimacies in the heritage. However, in the development of this work, you will not only find the analysis of what our country law establishes, but also, of Spain and Argentina, based on the figure of inheritance and donation. The objective of this research is to clarify that the will of the person to donate their assets while alive, does not prevail over the right of their relatives to inherit them, even though there is the figure of freedom that each person has to carry out according to their convenience with what it belongs to. Finally, it should not be forgotten that The Successor Law, not only the transfer of property, is also legal certainty to the person.