Abstract

MARTINEZ-FELICITO, Jorge Leonel; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. Effective possession as a prerequisite for the extrajudicial partition of inherited assets. Noesis [online]. 2025, vol.7, n.esp2, pp.297-315.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.582.

The extrajudicial partition of estate assets, in accordance with Ecuadorian law, requires effective possession as a condition for its validity. This study analyzes the regulatory framework governing this concept, highlighting its application in contexts where heirs opt for non-contentious mechanisms to distribute the estate. It examines the role of the notary as guarantor of legality and the need for interested parties to prove their status as heirs through the process of effective possession. The article proposes a systematic reading of the Civil Code and the Notarial Law, showing that failure to comply with this requirement may lead to nullity or subsequent conflicts. The research is based on doctrine, case law, and practical cases, providing criteria to strengthen legal certainty in extrajudicial succession proceedings.

Keywords : Effective possession; inventory; partition; legal certainty..

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