La posesión efectiva y sus consecuencias jurídicas frente a terceros herederos abintestatos.

Abstract

This study is aimed at effective possession and its legal consequences against third-party abintestate heirs or legatees, indicating that within the national regulatory framework, specifically in art. 18 numeral 12 of the notarial law, the notary or notary will grant this possession to the person or persons who request it and demonstrate their status as heir through evidentiary documents, this without prejudice to the rights of third parties. It is important to note that the act may cause other people, as heirs, to be excluded and even lose their right after five years that the Civil Code establishes for its prescription. The type of research is qualitative and the descriptive method was applied, collecting doctrinal bibliographical information, as well as interviews with legal professionals, which made it possible to verify the weaknesses of the current regulatory framework regarding the publicity of the act, which causes other persons to be unaware of their right to inheritance left by the deceased and prescribes. As a proposal, based on the process of opening the closed will in Ecuador and the effective possession that is carried out in Chile, a reform of the Notarial Law was presented, proposing the publication of an extract of the application for effective possession in a national newspaper, in addition to allow access to information that allows the notary public to verify the possible heirs of the deceased, and even to be able to summon them to access their right.