Browsing by Author "Sigüenza Bonete, Aida Melania"

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    Las limitaciones a la libertad de testar en el sistema jurídico ecuatoriano: Un análisis de las legítimas y otras restricciones legales
    (Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-10-01) Sigüenza Bonete, Aida Melania; Zamora Vázquez, Ana Fabiola
    This research examined the limitations on testamentary freedom within the Ecuadorian legal system, with the aim of analyzing their impact on the testator’s autonomy in light of the current regulatory framework, constitutional principles, and comparative law. The study began with the recognition, although the Constitution of Ecuador guarantees fundamental rights such as the free development of personality (Article 66, paragraph 5) and the right to property (Article 321), in practice these rights are curtailed by the system of compulsory allocations established in the Civil Code. It was found that the Ecuadorian succession regime obliges the testator to reserve portions of their estate for forced heirs—such as the legitime (reserved portion), the spousal share, and the fourth for improvements thus limiting their freedom of disposition. This model has proven to be more rigid in comparison to countries like Colombia or Spain, where the freely disposable portion of the estate is greater. Methodologically, the research was structured under a qualitative, descriptive, and comparative approach, employing techniques such as normative analysis, literature review, and doctrinal comparison across various legal systems. The analysis revealed that the Ecuadorian model, by imposing automatic restrictions regardless of emotional bonds or the actual will of the deceased, perpetuates outdated succession structures poorly adapted to the diversity of contemporary family configurations. It was concluded that a critical review of the current system was pertinent, suggesting legal reforms to increase the percentage of freely disposable assets, incorporate socio-affective criteria, and consider alternatives within succession law.