Análisis doctrinal y normativo del testamento, la capacidad sucesoria y el régimen de dignidad e indignidad en la sucesión hereditaria

The topic “The will, the heirs, worthy and unworthy, and the capacity to succeed according to the doctrine and legislation,” seeks to present the respective information on how the doctrine works in the way of acquiring ownership and the relevant issues in the which specifies the main characteristics. What is relative within the field of information benefits the reader and interprets the main basis of the will, the article includes how testate and intestate inheritance works, what the types of will are based on as well as the way in which revocation works and gives way to understanding regarding legislation.This study was conducted through qualitative legal, doctrinal, and normative research, based on a systematic analysis of primary sources such as the Ecuadorian Civil Code and comparative legislation, as well as a critical examination of relevant doctrine on inheritance law. The exegetical method was used to interpret norms relating to wills, capacity to succeed, and the regime of unworthiness, complemented by an analytical method to establish relationships and conflicts between normative provisions and legal principles.It is concluded that the will is a manifestation of will that encounters limits in the public order of succession; that capacity to succeed is an essential requirement for acquiring hereditary rights; and that dignity and unworthiness constitute ethical and legal mechanisms to preserve the values ​​of loyalty and respect in succession. Furthermore, normative gaps and disparate criteria in judicial application are evident, which call for a comprehensive reform of the inheritance regime.

Publication Details

Journal
Dialnet (Universidad de la Rioja)
Published
2025-01-01
Primary Topic
Geochemistry and Geologic Mapping
Type
article
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article

Análisis doctrinal y normativo del testamento, la capacidad sucesoria y el régimen de dignidad e indignidad en la sucesión hereditaria

Dialnet (Universidad de la Rioja)
Geochemistry and Geologic Mapping
article

Análisis doctrinal y normativo del testamento, la capacidad sucesoria y el régimen de dignidad e indignidad en la sucesión hereditaria

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Abstract

The topic “The will, the heirs, worthy and unworthy, and the capacity to succeed according to the doctrine and legislation,” seeks to present the respective information on how the doctrine works in the way of acquiring ownership and the relevant issues in the which specifies the main characteristics. What is relative within the field of information benefits the reader and interprets the main basis of the will, the article includes how testate and intestate inheritance works, what the types of will are based on as well as the way in which revocation works and gives way to understanding regarding legislation.This study was conducted through qualitative legal, doctrinal, and normative research, based on a systematic analysis of primary sources such as the Ecuadorian Civil Code and comparative legislation, as well as a critical examination of relevant doctrine on inheritance law. The exegetical method was used to interpret norms relating to wills, capacity to succeed, and the regime of unworthiness, complemented by an analytical method to establish relationships and conflicts between normative provisions and legal principles.It is concluded that the will is a manifestation of will that encounters limits in the public order of succession; that capacity to succeed is an essential requirement for acquiring hereditary rights; and that dignity and unworthiness constitute ethical and legal mechanisms to preserve the values ​​of loyalty and respect in succession. Furthermore, normative gaps and disparate criteria in judicial application are evident, which call for a comprehensive reform of the inheritance regime.

Dialnet (Universidad de la Rioja)
Peace, Justice and strong institutions
Openalex Percentile: Top 64%
Geochemistry and Geologic Mapping
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