La Partición Judicial de bienes sucesorios y el derecho a la propiedad

Abstract

The process of judicial partition of inheritance assets in Ecuador is the object of numerous litigations in relation to the conformation of the private property of the heirs. Therefore, the objective to be developed in the manuscript is to analyze the delay in the judicial partition of inheritance assets protected by the right of private property. As for the methodological development, it was contemplated under the bibliographic review, taking as sources legal journals and laws, and regulations in force about judicial partition. The analysis was carried out through the analytical-synthetic method to establish the hierarchical order of the legal norm. To close, it was established that the delay that occurs in the trial of partition of inheritance property in the Ecuadorian legislation does not have a solid structure that establishes a procedure to respond efficiently and short times the process of judicial partition, this in order to guarantee the right to private property.