Testamento privilegiado en caso de epidemia, pandemia o emergencia sanitaria. Propuesta de reforma al Código Civil.

Abstract

The research explores the need to reform article 1086 of the Ecuadorian Civil Code to include the privileged will in case of epidemic, pandemic or health emergency as part of the privileged wills currently recognized by the Ecuadorian legal system.The need is justified under the health system crisis that was experienced worldwide due to the Coronavirus in the year 2020, where for Ecuador this situation brought to light the gaps and legal deficiencies in testamentary law. The analysis is based on the comparative review with other legal systems, such as the Japanese, German and French, which are currently prepared for situations where the granting of a will in an ordinary way is strongly limited. The result indicates that the inclusion of this form of privileged will is not only feasible, but essential to protect the inheritance rights of citizens at times when exceptional circumstances make the solemnities provided by law impossible, leaving in violation the principle of autonomy of the will. Finally, it will ensure that the Ecuadorian legal framework is resilient and adaptable to respond correctly to the needs of people in any emergency, epidemic or pandemic.