La institución del patrimonio familiar en la legislación ecuatoriana actual

Abstract

This thesis, aims to explain and analyze in a total way the legal institution of Homestead, which appears with the sole purpose of protecting the family and ensuring its development, Homestead gives a real estate characteristics such as inalienable and indefeasible, in order to protect it of the creditors actions.

This legal institution is in the Constitution of the Republic, the Civil Code and special legislation, for that we talk about an institution in full force, which is unfortunately of little or no enforcement by the ignorance that society has on it, instead it has been very used by financial institutions that have the power to establish and terminate Homestead in real estate acquired through those institutions, to ensure the fulfillment of an obligation.

Different views and opinions have been issued about Homestead, for some authors it is an obstacle, and for others it is indisputable usefulness, under these criteria, this thesis seeks to rescue and highlight that utility and benefit that this institution carries, while a review is carried out at the way our legislation regulates this institution, which would be most useful and practical if it were better regulated and even more, if the Ecuadorian society know more about it.