La intervención del estado y los sobrinos en la sucesión intestada y sus efectos en la partición extrajudicial.

Abstract

In Ecuadorian legislation, the State intervenes in the third order of succession together with the nephews, reason why the present investigation aims to analyze the legal and practical implications of the intervention of the State in the intestate succession, for which a theoretical conceptual and doctrinal part has been developed, on the orders of succession and the partition, also making an analysis of the participation of the State in our legislation and in comparative law, in order to establish the difference in the orders of succession that in relation to the intervention of the State exists in several countries of South America. The core of this research analyzes the third order of succession, according to the Civil Code, as well as the administrative procedure before the Technical Secretariat of Real Estate Management of the Public Sector, with the aim of providing a legal and procedural overview of the subject, allowing all those involved to understand that when the State participates in a succession, it is not easy to carry out an extrajudicial partition, regardless of the agreement and urgency between the heirs. The approach to this research is qualitative, exploratory and descriptive, socio-legal. The author relies on tools such as surveys and interviews. The results of these tools demonstrate the fulfillment of the stated objectives. She also proposes that the State participate in the fourth order of succession.