El Estado como último orden de sucesión intestada en el ordenamiento jurídico ecuatoriano

Abstract

In Ecuadorian law, there are four rules of intestacy; in the fourth rule, the State is included as a privileged nephew, as well as the nephews of the deceased person. This research was conducted to determine the legal effects that somehow affect the heirs within the fourth rule of intestacy, with the participation of the State in this category. First, the background on the rules of intestacy by cause of death was developed, seeking to deepen the topic addressed, taking into account the application of concepts that were contributed to the work for a better understanding. Said concepts started from particularities to generalities and vice versa; this was to give more value to the research performed. The results showed that the fourth rule of intestacy configured within our legislation violates the right to property contemplated in the Constitution. As a result, the importance of implementing a fifth rule of intestacy in which the State is the sole heir, provided that there are no relatives within the fourth consanguinity degree.