Autorización para constituir patrimonio familiar mediante acta notarial.

Abstract

This study refers to the family patrimony, an Ecuadorian legal institution, acting in their legislation as a protector and guarantor of the assets of the family, safeguarding them before possible dilapidation and avoiding any risk caused by lack of good administration; this dissertation will be based on determining the need of possible law reform, taking this power away from the ordinary judges, who nowadays, just with their judgment, authorize the constituents to request the Notaries to constitute family patrimony by using a public deed. The aforementioned would be extending the attribution Notaries have, allowing them to carry out the whole procedure in strict application of constitutional principles such as the procedural celerity and procedural economy, shortening the terms and conditions to constitute family patrimony and also helping ease congestion of the court proceeding without taking away from the family patrimony, as the society fundamental basis, its main characteristic: protect the assets of the family, reason why it should be protected by Ecuadorian law system. In the last part, this dissertation will include the reasons why a law reform regarding the amount established by the Ecuadorian Civil Code for its granting will be needed, taking into consideration that legal institution must protect the assets of the family in a limited way.