La herencia y la deuda que generó una vez muerto el alimentante.

Abstract

In Ecuador we can find that, within the legal system, in the Civil branch, the legislator established in article 1002, that only a food obligation that is owed by law to a certain person can be assigned universally or singularly, and this is outside the hereditary mass, which would mean that if he does not leave any will, the pending alimony will not be covered, causing damage to the right of that person that they have been owed. Going further, it is necessary that this pending food obligation be covered because otherwise this legal vacuum would become a violation directly affecting the rights of the beneficiaries of said food. It is necessary to indicate that our legislation does not have legal protection for this circumstance, ensuring the rights and principles that these subjects have protected by law could place them in a situation of helplessness, which would allow to propose a reform of article 1002 of the Civil code.