Determination of the Applicable Law in International Successions in Ecuador in Cases Involving Multiple Nationalities or Domiciles of the Deceased

Abstract

This article addresses one of the enduring challenges of Private International Law within the Ecuadorian legal system: determining the law applicable to a succession when the deceased maintained legal connections with more than one State. Contemporary developments, including increased human mobility, migration, and the distribution of assets across multiple jurisdictions, have elevated the practical significance of this issue. Since Ecuador lacks a clear and systematic regulatory framework governing international successions, the legal treatment of such cases remains fragmented among the Civil Code, the Bustamante Code, and certain general principles of Private International Law. The study adopted a qualitative methodology and was based on doctrinal, normative, and comparative analyses. Particular attention was given to the Argentine legal system and Regulation (EU) No. 650/2012. The findings reveal that traditional connecting factors, such as the nationality of the deceased and the fragmentation of the estate, are no longer adequate to address the complexities of contemporary transnational successions. In contrast, modern legal frameworks emphasize criteria such as habitual residence, the unity of succession, and respect for the deceased’s autonomy of will. Consequently, this article proposes that Ecuador undertake legislative reform to modernize its international succession regime, placing particular emphasis on legal certainty and normative coherence.