TESTATOR'S WILL VS RIGHTS OF THE FORCED HEIRS: A TENSION BETWEEN AUTONOMY AND FAMILY PROTECTION IN ECUADORIAN CIVIL LAW

Abstract

The article exposes the tension between the testator's autonomy of will and the rights of compulsory heirs in Ecuadorian Civil Law. It analyzes how the principle of testamentary freedom allows the deceased to decide on the distribution of their estate, but encounters limits in the mandatory legal portion reserved for certain close relatives. The social and legal foundations of this protection are studied, along with a comparison to succession systems that balance testamentary freedom against family protection. Based on a doctrinal, jurisprudential, and comparative analysis, the article explores how this opposition impacts estate planning, the resolution of family conflicts, and the effectiveness of individual will in the transfer of assets. The objective is to critically analyze this tension to propose possible harmonization mechanisms within a constantly evolving legal and social context. The study concludes that the Ecuadorian legal system seeks to balance individual freedom with the security and stability of the family.