Abstract

GUANOQUIZA-ARELLANO, Lorena Dalila; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Legal effects of effective possession of inherited property under Ecuadorian law. Noesis [online]. 2025, vol.7, n.esp2, pp.87-98.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.480.

This study analyzes the legal effects of effective possession of inherited property under Ecuadorian law. The objective was to determine the legal implications of this procedure in notarial and registry proceedings, considering its application in inheritance practice. A qualitative approach was used, of a philosophical-legal and dogmatic-legal nature, based on the analysis of regulations, case law, and specialized doctrine. The results showed that effective possession constituted a voluntary jurisdiction procedure that allowed the heirs to access the administration, conservation, and usufruct of the assets, without granting title to the property. It was also evident that the procedure had to be registered in the Property or Commercial Registry in order to have legal effect. It was concluded that effective possession was an indispensable mechanism in Ecuadorian inheritance law, although it did not constitute just title for the acquisition of ownership.

Keywords : Civil law; inheritance law; notary services; property registry..

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