Necesidad de establecer la venta de las cosas que no estén en el comercio humano por expresa voluntad de los contratantes, como enajenacion con objeto ilícito

The Civil Code in its article 1480, sets the type of divestitures in which illicit object, exists more happens that currently ban voluntary alienate in the approval of loans both in public institutions and private and between individuals has become one of the legal mechanisms common to guarantee the fulfilment of the obligation acquired by the debtor to the creditor that since the relevant analysis has be based with solid base, which are the constitutional and legal rules. Freedom of contract is fully guaranteed in our country. Indeed, article 66 of the Constitution says that: "it will recognize and guarantee to persons: 16." The right to freedom of contract". And, at the legal level, the article 1454 of the Civil Code establishes that you contract or Convention is: "an act by which a part undertakes with another to give, do or not to do a thing". The contract, in a general way, you. The contract, in a general way, has as basic foundation collect the will of the Contracting Parties agree to it and celebrate it freely. This requirement is within the scope established by law so that obligations are generated from that manifestation. "Now well in 1749 article of the Civil Code says that" all things physical or intangible, can be sold whose alienation not this prohibited by law ", it follows that the prohibition to alienate, to come out of the trade, should be established for more not by Convention private law" Of there as the Covenant which in this sense to be included in a contract of any nature and not is a limitation on the free transfer of the well to prevent domain transfer or the creation of rights in rem over the same, since only the express mandate of the law or the judge's order subtract trade goods and their alienation becomes unlawful object, to the tenor of what has article 1480 of the Civil Code. Therefore the breach of this obligation not to do, which constitutes the ban voluntarily dispose of a good, in any way is not causal of annulment of a legal business of domain or transfer of rights in rem over the same Constitution, they just translates into duty to compensate damages caused by the debtor in accordance with the provisions of article 1571 of the Civil Code. Pursuant to the above, and considering that a contract concluded with the parties as it is analyzed is law to them thus provided for section 1561 of the Civil Code, since a contract be executed in good faith, therefore not only forces expressed in them, but all the things that arise precisely from the nature of the obligation; where indicates that the voluntary ban alienate obliges the debtor to not to sell, mortgage or attach to any assessment that the limit enjoyment of the good or the domain root given in guarantee for the fulfilment of the obligation acquired; According to the legal effects which includes the prohibition of transfer laid down in article 426 of the code of Civil procedure; and, under which these not can be declared null and void, it is necessary that prohibition of disposal has been established by decree or by law and not by Convention between the parties. To taken the have possession ban volunteer alienate, as a legal mechanism to ensure that the good root given collateral by the debtor voluntarily not can sold, mortgaged or attach to any assessment that the limit enjoyment of the good or the domain root, is necessary to ensure that this contract constitute a true guarantee for the creditor; as well as also a limiting factor for the debtor, by the nature of the voluntary prohibition of disposal, there is a need to establish the sale of things that are not in the human trade by the express will of the Contracting Parties, such as disposal in order to illicit.

• Автор: Porres Gonzaga, José Julián (author)
• Формат: bachelorThesis
• Мова: spa
• Опубліковано: 2016
• Предмети: NECESIDAD DE ESTABLECER LA VENTA; DERECHO; COSAS QUE NO ESTÉN EN EL COMERCIO HUMANO; COMO ENAJENACION CON OBJETO ILÍCITO
• Онлайн доступ: http://dspace.unl.edu.ec/jspui/handle/123456789/13227