La fijación del canon de arrendamiento máximo y sus repercusiones jurídicas en el Derecho Comparado latinoamericano

ABSTRACT This study is based on the problems and legal effects derived from the assigning of lease pensions that demonstrates the lack of observance of what the Law establishes. In a lease contract, obligations emerge, being so that the lessor gives the use and usufructuary rights of the property, w...

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Autor principal: Bryan Gustavo, Mejía Maggi (author)
Formato: bachelorThesis
Idioma:spa
Publicado em: 2021
Assuntos:
Acesso em linha:http://dspace.unach.edu.ec/handle/51000/7797
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Resumo:ABSTRACT This study is based on the problems and legal effects derived from the assigning of lease pensions that demonstrates the lack of observance of what the Law establishes. In a lease contract, obligations emerge, being so that the lessor gives the use and usufructuary rights of the property, while the lessee is obliged to pay a specific amount for such rights, the price is called: lease fee. Therefore, in order to regulate the relationship between the contracting parties and prevent their rights from being violated, there are: The Constitution of the Republic of Ecuador, the Civil Code, the Tenancy Law and the Municipal Ordinances that provide the guidelines to avoid the breach of obligations In Ecuador there are high percentages of leasing contracts, several factors explain the high percentages of leasing contracts, among them are: lack of a home of their own and low economic resources of identified sectors of the population. This leads to abuses by landlords, who take advantage of the tenants' needs and consequently set inflated allowances with clauses that are inconsistent with reality. For this reason, a detailed study and analysis of the various regulations related to the setting of lease pensions will be carried out, with emphasis on the comparative law of Latin American countries in order to gather useful information that will allow proposals for a change or reform of the tenancy regulations to be put forward. Keywords: Lease fee, rights, lease contract, obligations, clauses, reform. Reviewed by: Mgs. Adriana Cundar Ruano Ph.D. ENGLISH PROFESSOR c.c. 0603017708