Efectos del repudio en el derecho de representación sucesoria.

Abstract

In Ecuador, the Civil Law of Succession has developed significant advances. It regulates the transmission of assets, rights and responsibilities after the death of a person, containing both testamentary successions, determined by the will of the deceased, and intestate successions, in which the legislation intervenes to establish who the heirs are. The Ecuadorian Civil Code, influenced by the Chilean Civil Code of Andrés Bello, recognizes the alternative of repudiation of the inheritance, allowing an heir the possibility of deliberately renouncing his or her inheritance right, as well as the right of representation, which grants the descendants of an heir the right to take their place in the succession. This work analyzes the contradiction between what the Civil Code allows in terms of representation in the succession line of someone who repudiates an inheritance and the intended legal purpose of the repudiation itself.