Abstract

REYES-BERMEO, Mónica Patricia; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Protection of the rights of absent heirs in notarial possessory acts within the Ecuadorian context. Noesis [online]. 2025, vol.7, n.esp2, pp.739-756.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.615.

The research examines the absence of wills in Ecuador and the application of legal concepts of intestate succession, highlighting the orders of succession in the Civil Code, with an emphasis on the children of the deceased and effective possession as a means of acquiring inherited property. It warns that the current notarial procedure can be arbitrary and exclusionary for absent heirs, generating conflicts and violations of constitutional rights. The analysis of scientific and legal literature, legislation, and case law highlights the need for legal mechanisms that guarantee equal conditions for all heirs, as well as clear regulations on who must appear at the notarial act. It is concluded that it is essential to objectively determine the legal form that protects the rights of absent heirs, proposing to strengthen the notarial power by incorporating the Affiliation Report issued by the National Civil Registry Directorate, which those appearing may request to prove their status as sole compulsory heirs.

Keywords : Intestate succession; effective possession; inheritance rights; absent heirs; notarial authority..

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