Browsing by Author "Quilligana Masaquiza, Lizeth Micaela"

Filter results by typing the first few letters
Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    Declaración de Unión de Hecho Post Mortem y los efectos Jurídicos en el Patrimonio del Consorte Sobreviviente Análisis de la Sentencia No. 09319-2020-00553
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-05) Quilligana Masaquiza, Lizeth Micaela; Vayas Castro, Guillermo Santiago
    This research work is focused on the legal study of the declaration of post-mortem commonlaw marriage, which is a relevant topic in the Ecuadorian civil law. This study is contextualized in the legal and doctrinal foundations that support this figure, emphasizing the regulations of the Civil Code and the applicable procedural provisions. Likewise, the scope and implications of the referred sentence are analyzed, which constitutes a relevant precedent in the interpretation, with the objective of analyzing the legal effects on the declaration of post mortem common-law marriage and its affectation in the patrimony of the surviving cohabitant. The methodology applied is a mixed method applied in three methods: the first one is qualitative with interviews to judges and notaries, legal professionals with experience in family matters, the second method is quantitative where surveys were made to lawyers who are in their free practice and finally the analytical method, where we analyzed a sentence on the declaration of post mortem de facto union, a sentence compiled from the National Court of Justice, methods that were effective to achieve the objectives of our research on the patrimonial implications for the benefit of the surviving spouse based on its post mortem recognition can directly influence the intestate succession, the adjudication of assets and the protection of family rights.