Constitución del patrimonio familiar voluntario ante notario público.

Abstract

Ecuadorian legislation, although it contemplates the way to constitute a voluntary family patrimony before a public notary, how to extinguish it and what its purpose is, does not give a definition of the institution as such. It is considered that for the constitution it is necessary to be of legal age, in the case of the spouses, family patrimony can be constituted individually or jointly for which the intervention of both spouses is needed, the beneficiaries must primarily be the descendants, however , may be the same constituents. The objective of the present work is to determine if the attributions of the Public Notaries are compatible with the constitution of the voluntary family patrimony, and as the civil code provides on the previous judicial authorization, it is necessary or, on the contrary, it would hinder the adequate application of the principles. of efficiency, speed and procedural economy. And, finally, if the value and its appraisal system of the real estate to be constituted in family patrimony are attached to the reality of the country, or on the contrary, its maximum value is something ridiculous.