Análisis a la incapacidad que tienen los menores de edad emancipados para realizar un testamento

Abstract

This study analyzes the legal incapacity of emancipated minors to make a will in Ecuador despite having acquired autonomy in other legal areas. The Civil Code establishes that a will is a legal act by which a person disposes of their property after death. However, Article 1043 stipulates that minors under eighteen years are incapable of making a will, even if they are emancipated. Emancipation terminates parental authority and grants the minor powers typically reserved for adulthood, such as the administration of property and the ability to enter into contracts without the authorization of their legal representatives. Nevertheless, this capacity is restricted in testamentary matters, generating a normative contradiction violating the principle of autonomy recognized after emancipation. Through comparative analysis with other legislations that allow emancipated minors to make wills, it becomes evident that Ecuadorian regulations impose an unnecessary and disproportionate restriction. Finally, the study advocates for reforming current legislation to ensure coherence in recognizing the legal capacity of emancipated minors, allowing them to fully exercise their testamentary autonomy.