Objeciones a la partición de bienes hereditarios mediante declaración de bienes de las partes ante notario y anteproyecto de reforma Del numeral 37 del artículo 18 de la Ley notarial.

Abstract

Ecuador, is a rule of law, maintain reforms that do not solve the existing demand in matters of inheritance, so that legal professionals and notaries, seeks relevant actions in article 18 of the notarial law, considering reforms by the assembly members, in addition, said law considers it obscure and is not valid to distribute real estate and demands the public deed in contradiction in the general organic code of processes, which qualifies immutable to private documents by mandate of article 218 in what refers to the recognition of the signature, certification or protocolization. The objective is to determine the objections that make the process of distribution of hereditary assets before a notary public unenforceable, in addition to preparing a preliminary draft of the reform of article 18 number 37 of the notarial law, socializing and promoting the reform project in all notaries from the country. Within the doctrinal foundation it establishes the main precepts and laws of the constitution of the Republic of Ecuador, in the general organic code of the process, the notarial law, the civil code, the voluntary jurisdiction, and the law compared in the legislation of Peru, Spain and Colombia The applied methodology has a qualitative approach using the scientific method for the partition of hereditary clients at the notarial headquarters, the practical approach is carried out by the construction of the doctrinal theory, the analysis of Ecuadorian legislation, and the interview conducted to experts in the subject. It is concluded through a bill that links the notary to be part of the processes of distribution of hereditary assets before the notary public, which extends article 18, number 37.