The right to succeed of parents in the estate of their deceased children.

  • Bolívar David Narváez Montenegro
  • Frankz Alberto Carrera Calderón
  • Jane De Lourdes Toro Toro
Keywords: de Cujus, succession, heritage, children

Abstract

The adjudication of the estate of a deceased person has been the subject of legislative debate and doctrinal analysis by several parliaments and jurists at the international level. Ecuadorian civil legislation establishes two orders of succession within its regulations: intestate and testate. However, the order of succession established in civil legislation does not take into account the situation in which many older adults find themselves as a result of the death of their children, when they were economically dependent on them; in fact, there are older parents who do not have the economic resources to meet their basic living needs, which violates the regime of Good Living established in the Constitution of the Republic of Ecuador.

Published
2020-02-01