La reforma de las asignaciones forzosas dentro de la sucesión testada en el Ecuador.

Abstract

Our thesis subject is about the reform of mandatory probate assignments in Ecuador, regulated in the Ecuadorian Civil Code, which gives us a clear and precise definition and is the law concedes what legally and rightfully belongs to the entitled and surviving spouse, whether the testator does not respect this legal figure, probate mandatory assignments modify rights and obligations that the will might have towards the beneficiaries. It is due to this, that we shall conduct a thorough analysis to consider if mandatory probate assignments are no less than a limitation to the free will that the testator that will succeed as he pleases through the law, this restricting figure is a violation of the freedom to make a will; or if the aforementioned topic is necessary, because the wellbeing of children, teenagers and other family members should be taken into consideration; we shall also portray the problems that may arise from our topic, our conclusions and recommendations to resolve and improve Ecuadorian Probate Law.