La petición de herencia como pretensión consecuencial a la pretensión de filiación.

Abstract

This work deals essentially with the claims that are given after having obtained the declaration of filiation with respect to a deceased, these are given at the time that a succession is opened either tested or not and a third party who claims to be legatee enters into dispute. Within the Ecuadorian legal system it is not clearly established how to proceed in these cases when a legatee appears after having declared him a child within a process of declaring filiation, for this two doubts arise regarding the procedure that must be carried out, whether the process of succession of the deceased should be paused or a space should be given within this trial as a kind of preliminary question before continuing with the succession process this if done in an unclear way can be detrimental to the succession process and to the times and form of the procedure of this causing serious damage to the way of carrying out these processes.