Giannina Isabel Velarde Samaniego, Gerardo Francisco Ludeña González, Alejandro Sabino Menacho Rivera, Nilton Isaías Cueva Quezada
DOI: 10.59427/rcli/2023/v23cs.3538-3542
The objective of this article was to analyze the procedural accumulation of the inheritance petition action and the action to claim hereditary assets, for the purposes of restoring the hereditary property to the legitimate heir through the principle of procedural economy, all of which is related to the problem of delay in the administration of justice regarding the exercise of the right of inheritance. The methodology used in this review article is the interpretative and argumentative analysis of the documentary collection, all of them extracted from the various Scielo databases and various institutional repositories, the documents consist of articles, doctoral theses and books, all of them open access. The results highlight that the proposal for accumulation between inheritance petition actions and vindication actions highlights the connection between both actions and the need for the procedural parties to be the same in both actions. Furthermore, emphasis is placed on the importance of speed and procedural economy, highlighting that the principle of procedural economy refers to savings in time, expense and effort, and that the principle of procedural speed seeks to avoid unnecessary delay of the process. In addition, the benefits of a faster and faster judicial process possible are highlighted, emphasizing that the accumulation of both actions can avoid unnecessary delays and guarantee that the legitimate heir can be exposed in possession and/or control of the hereditary property that corresponds. It is exemplified by a case, in which the lack of accumulation of both processes could result in an unnecessary delay. The conclusions of the research highlight the benefits of the regulatory accumulation of the petition action and vindication action to save time, expense and effort, guaranteeing the restitution of the hereditary property to the legitimate heir and respect for the constitutional right of inheritance. Therefore, the proposed legislative reform of the aforementioned article is reaffirmed.
Pág 3538-3542, 31 Dec
