La posesión efectiva y su incidencia dentro de la sucesión.

Abstract

The present investigation determines the incidence of effective possession within the succession due to death, it should be emphasized that, within the Ecuadorian legal system, in art. 18 numeral 12 of the Notary Law, establishes the powers of the notary in which it specifies the effective possession of the pro undivided assets, rights and obligations of the deceased in favor of the petitioners, who request and demonstrate their quality as heir, without However, it is established that the quality of heir arises from the law or from the will of the causer who through death is born the rights over the property, without prejudice to the rights of third parties, said act is carried out without publicizing it, which which would become a disadvantage the ignorance of the right holder of goods or rights for free and mortis causa (inheritance), for the present study the research is qualitative and the descriptive method was applied, which bibliographic and doctrinal information is collected with the In order to know in the course of the investigation the legal effect caused by the effective possession, against the fraudulent action of the heirs in the succession, establish ndo whether it should be considered as a domain title and not as a way to acquire domain. As a proposal, it is proposed that by means of a reform to the norm within the law, the obligatory registration of the effective possession in the Property Registry is established, with the objective of giving registry publicity and avoiding the simulation of acquisition of rights.