Necesidad de extinguir el juicio de inventario como requisito para la sucesión por causa de muerte

Abstract

Currently the civil rules, are going through a transformation process in Ecuador, so it is required also to upgrade the system of succession by cause of death, specifically to what refers to the inventory and partition of property of the deceased. So, that currently article 1001 of the Civil Code, talks about the formation of the liquid acquis in all succession by cause of death, i.e. the mass of assets left by the deceased, and even tax credits, but as customary is anyone who creates assisted by that kind of rights participates to the benefit of the judgment of inventory which has a special procedure; Hence, that for any partition of inherited property is necessary to qualify for this benefit, which is not to the heirs that accept responsible of testamentary and hereditary obligations, but to the value of the property they have inherited. Unfortunately the inventory process is treated in book separate from the main law which is the partition of inherited property, which is not consistent with the principles of speed, simplicity and agility legal constitutionally recognized in the Magna Carta.