Insuficiencia normativa en la solemnización notarial de la partición extrajudicial de bienes hereditarios abintestato en Ecuador.

Abstract

The rules governing Succession Law are scarcely known among citizens, leading to a general lack of understanding regarding the types of succession, their legal consequences, and the possibility of distributing the decedent’s assets by mutual agreement among forced heirs and legal successors. Accordingly, this research aims to analyze the normative regulation of the notarial solemnization of the partition of intestate estates in Ecuador, identifying both normative and practical limitations that affect legal certainty, in order to propose criteria and reforms to enhance the efficiency of the succession process. The intestate partition before a notary emerges as an agile alternative to judicial proceedings, since—although it requires the consent of all heirs—it avoids bureaucratic formalities and judicial intervention. The legal issue addressed by this study consists of determining the extent to which the current regulation of notarial powers in intestate inheritance partition ensures legal certainty and procedural effectiveness. The research adopts a qualitative and juridical-deductive approach, grounded in the exegetical and comparative methods, to conduct a dogmatic analysis of the notarial partition procedure, aiming to identify regulatory deficiencies and propose interpretative and legislative criteria that strengthen legal certainty, procedural efficiency, and public trust in the notarial function as an auxiliary to the judiciary.