Desigualdad en los derechos hereditarios de los adoptantes con respecto de los adoptados

Abstract

The research reflected in this degree work is directed to the analysis of a possible violation of the rights of the adopting parents with respect to the adopted children, specifically those related to inheritance. The article subject to study, and the one that contains this possible inequality, is Article 327 of the Ecuadorian Civil Code. This precept exhibits two legal institutions, whose observation is indispensable for a clear conclusion. The first one is Adoption, which grants the adoptees and the adopters the same reciprocal prerogatives and duties as if their bond were of blood. On the other hand, Succession by Cause of Death, excludes the hereditary rights of those conferred by adoption. So it is necessary to compare these figures and the norms that regulate them, this means that the Civil Code and the Organic Code of Childhood and Adolescence will be analyzed, taking into account the current constitutional text, concluding whether or not such inequality exists and if this answer is positive, proposing a reform to the content of the aforementioned article 327 of the Civil Code.