Resumen de Donaciones inter vivos o irrevocables en la legislación ecuatoriana

David Agustín Vintimilla Herrera, Francisco Xavier Ávila Cárdenas, Ana Zamora Vázquez

• español

  The purpose of the article is to analyze donations inter vivos or irrevocable in Ecuadorian law. A documentary review of inter vivos or irrevocable donations was proposed. By establishing a differentiation between articles 1402 and 1416, it could be found that while in the first article a donation is mentioned as a legal act, in the second it states that a donation cannot be made inter vivos if it is not granted by public deed and registered in the corresponding registry, which gives way to a legal contradiction about the conceptual nature of the donation among the living. The donation among the living is not a legal act, but a contract, since there is a bilateral action. There is an error in the conceptualization that refers to article 1402 of the Civil Code that differs with what was determined in other articles subsequent to the subject matter.

• English

  The purpose of the article is to analyze donations inter vivos or irrevocable in Ecuadorian law. A documentary review of inter vivos or irrevocable donations was proposed. By establishing a differentiation between articles 1402 and 1416, it could be found that while in the first article a donation is mentioned as a legal act, in the second it states that a donation cannot be made inter vivos if it is not granted by public deed and registered in the corresponding registry, which gives way to a legal contradiction about the conceptual nature of the donation among the living. The donation among the living is not a legal act, but a contract, since there is a bilateral action. There is an error in the conceptualization that refers to article 1402 of the Civil Code that differs with what was determined in other articles subsequent to the subject matter..