Abstract

AREVALO-MOSCOSO, Iván Oswaldo. Responsibility of the heir for the payment of inheritance obligations under the Ecuadorian legal system. Iustitia Socialis [online]. 2024, vol.9, n.17, pp.20-34.  Epub Aug 31, 2024. ISSN 2542-3371.  https://doi.org/10.35381/racji.v9i17.3929.

The general objective of this research was to analyze the responsibility of the heir in the payment of inheritance obligations within the Ecuadorian legal system. It was developed from a quantitative approach with a descriptive method with a non-experimental design, which was supported by documentary-bibliographic analysis. A methodical bibliographic search of existing information was carried out through meticulous research, choosing and evaluating different sources such as: Ecuadorian legislation, legislation from other countries, scientific articles and texts. The analytical-synthetic method was also used. It is concluded that, with the death of the deceased, the heirs are responsible for the inheritance received, that is to say, they must pay the debts and obligations. This liability arose in Roman law, where the heir was considered a successor to the person of the deceased and assumed a liability called ultra vires haereditatis.

Keywords : Liability; right to property; debt relief.

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