Abstract

YUNGAN-GUILCAPI, Byron Hernan; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. Family patrimony in Ecuadorian legislation, merger, applicability in the notarial and registration fields. Noesis [online]. 2025, vol.7, n.esp2, pp.259-278.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.551.

The family is the fundamental pillar of society, and therefore the State has a duty to guarantee its protection. Characteristics such as inalienability and unseizability have encouraged different legislations to progressively adopt this concept, and Ecuador has been no exception. The purpose of this study is to determine how family patrimony in Ecuadorian legislation can be merged and applied in the notarial and registration fields. To this end, a qualitative approach was used, based on empirical methods through the analysis of texts, national regulations, and comparative doctrine. This analysis allowed us to address fundamental notions about the family, the difference between property and assets, ownership and its limitations, voluntary jurisdiction, the notarial function, and the characteristics of family patrimony. Based on this, guidelines are proposed that seek to improve this institution, strengthen its application, and guarantee the right to decent housing.

Keywords : Family; notary; family assets; voluntary jurisdiction..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )