El cadáver de las personas como un bien corporal humanitario en la legislación ecuatoriana.

Abstract

In the present complexivo exam, it is set as the general objective to demonstrate the ambiguities of the Civil Code to recognize the corpse of the humane being as a good of humanitarian nature, with the purpose of giving a definition to this movable property, eradicating the legal confusion and differencing it from a regular movable property, restricted from the habitual trading. Themethodology is qualitative, looking for a reformation to the civil normative; its structure is fixated in a content of topics and descriptions of legal codes and doctrines, using the analysis-synthesis method, the descriptive method, and data collection technics, applying the technic the expected results, the corpse of person would be declared as a objet of humanitarian nature under protection. Classified as a corporal thing concluding that the people´s willingness autonomy principle would be respected. Being exclusively the person alive, or the person´s family, who dispones what to do with his or her body once deceased. This to avoid the situation of becoming potential donners without previous authorization, ending the alleged willingness that favor institutions keeping the post morten rights as for the name, honor, dignity and will of the person. In consequence, the science of law will not regress, updating like this to the modern currents of law, guaranteeing and promoting the rights of the citizens in the Ecuadorian normative.