Implicaciones legales de la terminación de la procuración judicial por muerte del mandante – Análisis de legislación comparada

Abstract

This research analyzes the legal implications of the termination of legal representation due to the death of the principal. The study of existing regulations allows for the identification of contradictions between the Civil Code and the General Organic Code of Processes (COGEP, by its Spanish acronym), thereby enabling an evaluation of the effects of post-mortem representation. The first section examines the historical background of the mandate and judicial representation, as well as the legal provisions of the Civil Code that regulate the termination of the mandate, including the cause of death. The second section identifies the regulatory contradictions that arise with the provisions of Article 45 of the COGEP, and the regulatory conflicts these provisions generate in the practice of the profession. The third section, in order to strengthen the research, conducts a comparative analysis of the legislation from Latin American countries such as Argentina and Chile, which, like Ecuador, have similar civil code but with variations in their procedural provisions. In addition, by implementing a qualitative methodology, valuable insights from legal professionals, including judges and practicing attorneys, are included.