Muerte presunta en Ecuador: seguridad jurídica y protección patrimonial de herederos y terceros frente a la reaparición del desaparecido

Abstract

This study analyzed the institution of presumed death within the Ecuadorian legal system, focusing on its impact on legal certainty and the protection of the assets of heirs and third parties if the missing person reappears. The research was conducted using a qualitative approach, with a documentary design and a legal, descriptive, and comparative scope. The study examined the Ecuadorian regulatory framework, specialized legal doctrine, and relevant constitutional and civil case law, as well as Colombian legislation for comparative reference. The findings show that the Ecuadorian system offers a functional solution to prevent the freezing of assets and provide certainty regarding legal relationships arising from disappearance; however, it has significant gaps regarding the restitution of assets, the accountability of heirs, and the delimitation of the effects of reappearance. It was also determined that the protection of the bona fide third party and the stability of the registry system have received greater development than the legal protection of the reappeared person. It is concluded that Ecuadorian legislation requires a more rights-protective interpretation and, eventually, regulatory adjustments that allow harmonizing legal certainty with the effective protection of property and family rights affected by the declaration of presumed death.