Herencia por cuota dentro de la herencia universal en la legislación del Ecuador

Abstract

The right of succession nowadays, within the universal assignment, also includes the quota right, which consists of the distribution of a part, such as half, quarter, fifth, etc. Therefore, the problem arises in the Ecuadorian legislation since it causes legal system insecurity, which affects the rights of the heirs, such as patrimonial rights, since there is no equality of conditions at a will­ making time. This research aims to determine why quota allocation should be independent of universal inheritance and which rights are affected by the current regulation. The inductive method will be applied, which will help to obtain general knowledge from the specific one to the research topic; in the same way, the historical­comparative method will be used to know the evolution of the inberitance law and how it is regulated in other legislations. Finally, the dogmatic legal method will revise the formal legal part to support the research problem. As a solution to the problem, the civil code reform was proposed so that the inheritance of quota is regulated independently.