Abstract

MACAS-SANDOVAL, Victor Erasmo; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Effective possession of inherited property under Ecuador's special legal system. Noesis [online]. 2025, vol.7, n.esp1, pp.1519-1538.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.507.

This research analyzes the effective possession of inherited property within the Ecuadorian legal framework. It draws on legal doctrine to examine its nature, scope, and limitations, highlighting the importance of doctrinal knowledge in understanding its proper application. According to the Civil Code, succession begins upon the death of a person at their last place of residence, and the heirs must legally justify their right to obtain effective possession, which may be granted on a universal or singular basis. This act does not imply immediate material possession, but rather formal recognition of the status of heir. Historically, the request could be made before a judge or notary; however, with the entry into force of the General Organic Code of Procedures, the notarial route was excluded. Currently, effective possession is a complex legal act that declares heirs and formalizes rights through a court ruling. The study uses a qualitative and dogmatic-legal approach, with a comparative analysis between Ecuador, Argentina, Colombia, and Bolivia.

Keywords : Effective possession; inherited property; legal system; heirs; inheritance law..

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