Reforma al art.1570 del código civil en relación con la obligatoriedad de inscripción y declaración juramentada sobre la promesa de compraventa

The Constitution of the Republic of the Ecuador in its title II, chapter I, which speaks of the principles of application of the rights in article 11, paragraph 1 determines that the exercise of rights shall be governed by principles like: "rights are can exercise, promote and demand of individual or collective form to the competent authorities; These authorities shall ensure compliance". In this way, it is important to know that at any time, respect and compensation for rights can be required when they are affected, the competent authorities. This means that the State is on any law it violates rights guaranteed in the legislation of this legal body, making amendments to these laws or policies. The Civil Code in its article 1454 defines it thus: "contract or Convention is an act by which a party is obligated to with another to do or not do something. Each part can be one or many persons The immediate effect of valid contracts is to create obligations; the effect of obligations, born or otherwise of contracts, is to confer on the creditor the means for the implementation of the benefits that are due to you; and these immediate effects are those who have expressly stipulated and those that derive from the essence of the contract. When signing a promise of sale, which are fundamental elements such as the time to configure the obligation, which is configured by means of public deed, and the specification of the tradition, but it happens that this does not allow its registration in the land registry, which breach causes legal uncertainty to the parties by the uncertainty that entails the right to property. More than this, I think that to ensure greater way, both buyer and seller must make an affidavit before a notary public on the quality of the sale of the property, which will accompany the public deed of the promise of sale, for their respective registration, in the place where the property is located. From there the need to carry out an investigation to establish as another obligation of the promise of sale, its registration in the register of property and the affidavit of the parties about the promise of sale, since its lack of registration causes, in many cases, such goods are used improperly by its owners and incurring double sale or similar with the cases.

• 主要作者: Sarmiento Seminario, Víctor Eulogio (author)
• 格式: bachelorThesis
• 语言: spa
• 出版: 2017
• 主题: DERECHO; DERECHO CIVIL; PROMESA DE COMPRAVENTA; DECLARACIÓN JURAMENTADA
• 在线阅读: http://dspace.unl.edu.ec/jspui/handle/123456789/18442