Análisis de control abstracto de constitucionalidad del Art. 327 del Código Civil.

Abstract

The legal research examined Article 327 of the Civil Code of Ecuador, revealing significant conflicts regarding the hereditary rights of adopted children. A clear violation of the equality principle enshrined in the Constitution of Ecuador was identified, as the provision imposes unjustified restrictions on the succession rights of adopted children compared to biological ones. This distinction contradicts the constitutional mandate for the comprehensive protection of children's rights, creating an unjust disparity. Additionally, the potential incompatibility of Article 327 with international commitments, especially the Convention on the Rights of the Child, was noted, as it restricts the hereditary rights of adopted children. The lack of harmonization with constitutional principles and international treaties raises questions about the coherence of the Ecuadorian legal framework. The main conclusion is the urgent need for a comprehensive legislative reform to eliminate hereditary restrictions due to adoption, ensuring absolute equality in succession rights between adopted and biological children. This proposal aims to align legislation with constitutional principles and international human rights standards, ensuring the full hereditary rights of adopted children.