La necesidad de reformar los contratos de prenda comercial privados establecidos en el código civil art. 2286, por medio de la fe notarial

The pledge agreement is governed by the Ecuadorian Civil Code; therefore the substantial elements for this type of contract should be noted, as is the ability of contracting a lawful object, cause tender, which at present is not what is fulfilling by the lack of substantial feasts, established in art. 2286, of the Civil Code. The pledge, which must necessarily give minute, and deed according to the specific amount, so that no negative effects occur, or the rights of the secured creditor and the debtor violated. In order to take the effect and proof obligations. The pledge agreement is a bilateral contract in which one party agrees to pledge one thing , the pledge agreement or pledgee relationships with private acts that harm the rights governing the pledge agreement , so you can take actions as claim , rescission or annulment of the contract. The pledge is a security interest that has the function of ensuring the creditor the fulfillment and satisfaction of his claim by a special power that is conferred on the thing given as security. The debtor delivers to the creditor a cabinet owned credit guarantee well, becoming the garment on the furniture delivered right. The garment gives the owner the ability to sell the thing about having the right in the case of the secured loan bears unpaid. In the event of a surplus once the debt repaid, the remainder is owned by the former owner of the thing. In the event that the debtor complies with the obligations secured by the pledge, the pledgee shall return the possession of the thing given in pledge, in the same condition and use that in which it was given. Many times the performance of obligations generated will agreements made between people in relationships governed by private law, need to be secured, for which contractual types emerge as the garment by allowing other ancillary obligations to fulfill the purpose of provide security to the creditor who is to these obligations. In civil law the garment has a dual relationship with the legal system, namely: It is a property right itself, since it is predicated of that right we have about one without regard to any particular person. It is treated as a contract title for the generation of that property right. The contract, as such, is real, as it is completed with the delivery of the thing, is, and implies that compared to civil law cannot understand the pledge without possession of the thing. In commercial law, however, the garment has several common uses given the great preponderance of legal business personal property made by traders. You need to give legal mechanisms through notarial faith to ensure the fundamental rights of the parties to such contracts

• المؤلف الرئيسي: Lara Galarza, Livia Deli (author)
• التنسيق: bachelorThesis
• اللغة: spa
• منشور في: 2014
• الموضوعات: DERECHO
• الوصول للمادة أونلاين: http://dspace.unl.edu.ec/jspui/handle/123456789/16955