Declaratoria de unión de hecho post mortem.

Abstract

The de facto unión arose to avoid the formalities required by civil marriage, however, the recognition and change of marital status becomes a prerequisite for a widow to obtain the right of inheritance, in that case, the de facto unión not formalized or registered causes a conflict for its posthumous validity. The declaration of post mortem de facto unión is a tool for the surviving cohabitants to have access to inheritance rights, however, the process is ambiguous and cumbersome, in that sense and, in a post pandemic context, the declaration of post mortem de facto unión has taken a particular prominence within the Ecuadorian jurisdictional apparatus, This has evidenced the need to include a proposal to design rules for the process of registration of the declaration of post mortem common-law marriage through a reform to the Civil Code, which is solved as a timely solution for the actors and fast in terms of procedure.