Unión de hecho Post Mórtem.

Abstract

Background the de facto union emerged as a means of human coexistence outside of marriage regulated by Law 115 R.O. No. 39, of December 29, 1982, in Ecuador, is supported by both the Constitution and by the Civil Code and the General Organic Code of processes, later (COGEP). The objective of research is to analyze the legal norm of the postmortem de facto union and the assets of the partnership to verify if they are sufficient or require some reform to protect them; it is also proposed to establish an institution of the same to arrive at the specific procedure that allows processing it, as well as analyzing it legally and doctrinally. The methodology has a qualitative, descriptive and explanatory approach. As a result, it was shown that a specific and clear procedure must be created on the conditions and requirements of the subject in question, in which people come together to generate family, social and economic development, for which the State has seen itself in the obligation to recognize, protect and regulate this union as a way of constituting a family giving it the name of common law union. Summarizing we can say that the de facto union is a legal figure of the right of the people, whose purpose is to guarantee relations outside marriage, in the social, patrimonial and family. In Ecuador, children are recognized after the death of one of the cohabitants, the legal consequences of the recognition and registration of cohabitation agreements protect the rights of people who initiate this type of relationship.