Análisis crítico de la acción de reforma del testamento en la legislación ecuatoriana y el derecho comparado.

Abstract

This paper examines the current regulations governing the action to reform a will under the Ecuadorian Civil Code to conduct a comparative analysis with Colombia, Chile, Spain, and France. The research was qualitative, employing exegetical, inductive-deductive, and analytical-synthetic methods, based on regulatory analysis, international instruments, and relevant case law. It was determined that, although succession law recognizes the action to reform a will as a mechanism that safeguards the transfer of the deceased’s rights and obligations, in practice, there are discrepancies between provisions of the current legislation and their implementation. The comparative review of other legal systems enabled the identification of new models and regulations, which guided the proposed regulatory reform. It is concluded that an amendment to Article 1239 of the Civil Code is necessary to ensure legal certainty and the effective protection of inheritance rights.