Private International Law in the Inheritance

Application to a Case between Spain and Ecuador

Abstract

Private International Law (Conflict of Laws) concerns international private legal situations. It uses an analytical process constituted by four pillars to solve these conflicts: international judicial competence (direct jurisdiction); applicable law; recognition and execution of foreign judicial decisions (indirect jurisdiction); and, legal procedural conflict. In practice, inheritance becomes even more complex when it takes the form of an international private legal situation. This paper aims to analyze and apply this legal regime to a case between Spain and Ecuador, which falls under conflict of laws. The case is solved through the application of the pillars. Then, it is concluded how the Spanish and Ecuadorian legal regimes would proceed. Finally, recommendations are proposed for a more effective and efficient system for international private cases on inheritance.