Comparative regulation of early inheritance in Ecuador and Peru: regulations and legal challenges

Abstract

This article analyzes the regulation of anticipated inheritance in Ecuador and Peru, highlighting the regulatory differences and the associated legal challenges. Among the main findings, it is observed that in Peru there is a clear norm that regulates the anticipated inheritance, while in Ecuador this figure lacks a specific treatment, which generates legal uncertainty and possible conflicts. As a solution, it is proposed to reform the Ecuadorian Civil Code to include a clear definition of anticipated inheritance, to establish formal requirements such as public deed and registry registration, and to guarantee rules of collation that reinforce equity. This study concludes that a specific regulation can improve efficiency and transparency in the distribution of estates, laying the groundwork for future research to promote regulatory harmonization in the region. Therefore, the objective of this article is to compare the regulation and application of anticipated inheritance in Ecuador and Peru, with the purpose of identifying similarities, differences and areas for improvement in the Ecuadorian regulatory system. The methodology used is a comparative analysis of the legal frameworks, focusing on aspects such as legal certainty, patrimonial equity and formality in the procedures.