2024-07-09 13:26:11
In order to speed up the inventory and partition processes and ensure prompt and timely justice, the assemblywoman for the province of Chimborazo, Carmen Tiupul, presented the draft reforms to the General Organic Code of Processes.
The legislator argued that it has been noted that the process of dividing hereditary assets is long and complex when the heirs do not reach an agreement on the assets.
He explained that in this case they must initiate an inventory trial to list the assets and liabilities left by the deceased, which can take years due to appeals and extraordinary cassation appeals, which has caused only some heirs to benefit, to the detriment of others.
The project replaces article 341, which establishes that any person with rights over the assets may request the creation of an inventory, which will be carried out by an expert appointed by the judge in the presence of the interested parties. In the case of inheritance assets, the relevant persons will be summoned according to the law.
In addition, Article 342 details the content of the inventory, including the names and addresses of the parties involved, description and appraisal of the assets, and the enumeration of documents and negotiable instruments. It also establishes the procedure for the delivery of assets to an administrator, who will be responsible for submitting quarterly reports to the judge.
On the other hand, Article 345 is amended to detail the process of approval of the inventory and partition, for which interested parties are given a period of time to make observations, and the procedure for new expert reports is established if necessary.
Finally, Article 346 regulates opposition to inventory and partition, defining what is considered opposition and determining the procedure for the summary to resolve these oppositions. To this end, it allows the judge to use public force to compel the holders of property to facilitate the examination and appraisal.
He stated that the need for these reforms is based on the consultation issued by the Presidency of the National Court of Justice, which addresses the processes of inventory and division of hereditary assets and the extinct marital partnership, so it is imperative that justice in Ecuador is not only accessible, but also efficient and, in this way, avoid lengthy judicial processes that generate injustices and family conflicts.