Efectos legales de la no inscripción de la escritura pública de compra venta de bienes inmuebles en el registro de la propiedad.

The present legal research paper entitled “Legal Effects of the Non-Registration of the Public Deed of Sale of Real Estate in the Property Registry” aims to analyze the legal effects derived from the omission of registering the public deed of sale of real estate in the Property Registry, in accordance with the legal framework in force in the Ecuadorian state. It takes into account, essentially, that the registration of acts and contracts transferring ownership of real estate constitutes an essential requirement for their enforceability against third parties. A legal act such as the registration in the Property Registry of a formal real estate sale contract not only helps maintain a record of existing properties, their history, and their actual current status—such as whether they are subject to liens and who the current owner is—but is also of vital importance not only for state administration and Decentralized Autonomous Governments, but primarily for the legitimate owners and for the legalization of future transfers of ownership that may occur. This study begins with a doctrinal and regulatory analysis of the obligation of registration, which aims to provide certainty and legal security to real estate transactions. It examines how the lack of registration does not prevent the existence or inter partes validity of the sale contract but does limit its erga omnes effects, preventing the buyer from consolidating their real right against good-faith third-party acquirers. Likewise, the study addresses the practical and procedural consequences of failing to register, such as the impossibility of exercising real actions like reivindication (as an example) against registered third parties; the risk of double sales; and the potential acquisitive prescription by subsequent possessors. The development of this research includes an analysis of relevant national jurisprudence that has clarified the scope of registral enforceability and the rights of the unregistered purchaser. Finally, the research proposes reflecting on the need to strengthen the culture of registration in the Ecuadorian state and offers some recommendations to improve the effectiveness of the property registration system, as an essential instrument to guarantee legal security and stimulate the real estate market. The research methodology is descriptive and explanatory: the descriptive component allows for systematizing the rules of the Civil Code, the Registration Law, and national jurisprudence on the registration of acts and contracts transferring ownership, identifying registral principles such as publicity, enforceability, and priority. The explanatory component, in turn, focuses on analyzing the consequences of failing to register, such as the impossibility of exercising real actions, clarifying the limits and scope of registral enforceability in the Ecuadorian state. Keywords: Property Registration, Property Registry, Legality, Predictability, Sale Contract.

• Tác giả chính: Urbano Borja Edwin Alejandro (author)
• Định dạng: bachelorThesis
• Được phát hành: 2025
• Những chủ đề: INSCRIPCIÓN REGISTRAL; REGISTRO DE LA PROPIEDAD; LEGALIDAD; PREVISIBILIDAD; CONTRATO DE COMPRAVENTA.
• Truy cập trực tuyến: https://dspace.ueb.edu.ec/handle/123456789/8816