La solemnidad de la insinuación para la donación entre vivos en el Ecuador.

Abstract

The purpose of this paper was to study the figure of donation among the living, with special emphasis on the insinuation to donate as an indispensable requirement in the donation that exceed the 800 dollars of the United States of America, Article 1417 of the Ecuadorian Civil Code states that if the donation exceeds this amount and the insinuation to donate has not been made, it will be null in excess. The figure of the insinuation to donate becomes past the other legal systems of other countries. The present study had a qualitative approach and the analysis-synthesis methods were applied, descriptive and in a transversal way the explanatory method. As a result of the study, an analysis was carried out on whether the current regulations effectively empower the notary to make the insinuation to donate. In addition, it was determined that only judicial insinuation within the Civil Code is being recognized in Ecuadorian legislation, and that notarial law empowers notaries to make the donation without mentioning the insinuation or procedure in this respect to follow so that a legal vacuum is created.