Análisis del artículo 843 del Código Civil ecuatoriano sobre la cuantía de los bienes que se constituyen como patrimonio familiar.

Abstract

Family patrimony is a fundamental right established in article 69, numeral 2 of the Constitution of Ecuador, which states: "To protect the rights of the members of the family: 2. Inviolable family patrimony is recognized in the amount and with the conditions and limitations established by law. The right to make a will and inherit shall be guaranteed", meaning it provides families with the possibility of protecting and safeguarding their assets intended for their housing, sustenance, as well as their economic and social activities. In Ecuador, article 843 of the Civil Code defines a limit on the amount required to constitute a property as family patrimony, which limits access to this legal protection for people with lower economic resources. In this sense, through a qualitative investigation and the application of analytical-synthetic and descriptive methods, a legal analysis was carried out, which demonstrated the need to reform article 843 of the Civil Code. Among the main results, it was evident that this limitation would affect some constitutional rights and principles such as the right to property and housing, family wellbeing, the right to equality and non-discrimination, economic freedom, human dignity, among others. Finally, a proposal for reforming article 843 of the Ecuadorian Civil Code was put forward, which seeks to establish family patrimony without a specific limit on the amount required and that the law be responsible for establishing the amount to guarantee respect for the rights to property and housing, as well as equality and nondiscrimination.