Testamento abierto electrónico en la cultura sucesoria ecuatoriana. Propuesta de reforma al Código Civil.

Abstract

Given the constant advancement of information and communication Technology related to Succession Law regarding new and current methods of the present thesis topic arises regarding the open electronic will in Ecuadorian succession culture. This is a legal act that determines the last will of a citizen who has the status of a testator regarding their assets, through the use of technological, electronic, or remote media, protected by the presence of a digital certificate with electronic signatures from the parties involved. The importance of analyzing legislation from another country, such as Spain, regarding the celebration of an electronic will through electronic or telematics means in real-time, where legislative acceptance of an electronic will granted before a notarial office through a Secure electronic platform in the Notarial Area is evident. Therefore, Ecuador must update its. Civil Code in accordance with the reforms given in related laws of the coustry regarding the succession scope of a will through telematics, It should be taken info account that the legal grounds already exist to gran am electronic will in Ecuador, given that people require it in cases of emergency circumstances such as serious illness, pandemics, or social upheaval, where the testador in unable to physically go to a notary’s office.