Posesión Efectiva y las Incongruencias Jurídicas del Art. 152 del Código de la Niñez y Adolescencia con relación a derechos hereditarios con lo señalado en el Art. 327 del CC..

Abstract

The Constitution of Ecuador guarantees and recognizes the minor's comprehensive development and the principle of the best interest of the child and creates the legal figure of adoption, through which the abandoned minor is given a home full of love, protection and care, where you will have reciprocal rights and obligations between adoptive parents and adopted child, enshrined in the Organic Code of Childhood and Adolescence, annexed to the Ecuadorian Civil Code, which in conclusion Legally, the son who is adopted is assimilated in everything to the consanguineous son. However, the problem is that when legally analyzing article 327 of the Ecuadorian Civil Code, when it enshrines the effects of adoption on hereditary succession, this rule establishes that adoption does not confers hereditary rights, neither to the adopter with respect to the adoptee, nor of the relatives of the latter, nor the adoptee with respect to the relatives of the adopter. This regulation excludes the adopted child from this right, contrary to what is established by the constitutional norm and the Organic Code of Childhood and Adolescence, which establish that in adoption equal obligations and rights are acquired as a consanguineous child. There is a limitation with respect to this right, because adoption does not confer hereditary rights, so it ends with suggesting a legal reform to the Civil Code.