Declaración de paternidad post mortem y la protección de los derechos sucesorios de los hijos en el ordenamiento jurídico ecuatoriano.

Abstract

The judicial declaration of post-mortem paternity stands as an indispensable legal response to the historical evolution in which filiation remained subject to the marriage bond and to discriminatory classifications that postponed the hereditary access of children out of wedlock. In this context, the main objective of this research was to examine this institution as a mechanism for the effective protection of inheritance rights in the Ecuadorian legal system. The research approached the problem from a qualitative approach, combining documentary analysis with the technique of legal dogmatics. The study examined the antecedents of filiation in national legislation and comparative law, evaluating provisions of the Civil Code, jurisprudential rulings and constitutional principles. From the results it can be deduced that filiation goes beyond the simple registry entry, positioning itself as the basis of civil status and the right to identity. Although DNA expertise stands out as the central test to verify the biological link, applying it after the death of the alleged father drags severe technical and procedural obstacles. Added to this scenario is the clash between the imprescriptible nature of filiation and the expiration terms set for succession claims; a regulatory vacuum that weakens legal certainty and leaves the final decision to the discretion of each judge.