La simulacion de precios de los contratos de compraventa

The contractual simulation manifests as constant phenomenon in the commercial development within our society, especially in the purchase and sale contracts. Today you are creating apparent legal situations that differ from the true legal position, this is the result of the occurrence of certain adverse economic interests of the contracting parties circumstances; within this context, the positive review of our legislation has been observed that there is no systematic treatment of the so-called simulation or simulated contracts; and even references to the issue are made, except a simple layout in the Notarial Act. However, the doctrine and jurisprudence have addressed the issue on numerous occasions. But the issue is of great importance, especially as far as traslaticios contracts domain is concerned, since the parties involved in those legal businesses have the right to agree to everything that is not prohibited, this clear on the basis of the principle of autonomy of will of the parties, and contractual freedom, this has meant that the subjects start using simulated contracts to harm others and seek their own benefit. But who contracted in good faith, have the right to assert, any appearance, the true will, be it that of having held a different act or not to have held any act. The intention of contracting with the statement that externalizes , will become the beginning of our study , while if any divergence and this will be producing for fraud or negligence of the respondent , the latter is responsible for the disagreement, since it can not reach depend on the effectiveness of the legal business of the mercy of the contractors in bad faith or negligent ; Moreover third party creditors involved in a legal transaction , could not make use of the general lien attached to them and empowers them to pursue their claims in " all the debtor's assets " ( naturally , those goods that have never left belong to the same ); because if the debtor mock it disposed of its assets would be directly hurting them . So a purchase simulated sale can apparently deflect much or all of the assets of one subject to another. Nevertheless, and for very obvious that it is the third such appearance, it is necessary that that person has a tool through which to defend their right crediting reliably before the court. In this context highlights the need for a regulatory framework that allows the parties to assert the legal business and real truth involved fraudulent contract to the apparent truth that is intended to effectuate. For a court certifies the quality of " simulated " a sale , so you can protect the rights of an injured third party , it is first necessary to provide judges and magistrates of a regulatory body to regulate this problem. So this research is aimed to find a first approximation of a legal basis which would solve this phenomenon, thus strengthening the Ecuadorian legal system.

• Main Author: IMBA PINEDA, GAVINO (author)
• Format: bachelorThesis
• Language: spa
• Published: 2014
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/15514