Análisis jurídico de la prohibición de los fideicomisos mercantiles en garantía sobre vehículos en el Ecuador.

Abstract

This qualification work aims to make a legal analysis of the prohibition established in one of the reforms to the law of the securities market that does not admit the constitution of commercial trusts in guarantee on the vehicles, for it is important to study the figure of the Mercantile Trust, its antecedents and what was the nature of this legal figure, its purpose, development, characteristics and the current application in our country. To then analyze the reasons that led to this prohibition and be able to give my legal opinion on whether such prohibition should be maintained or not, observing if it violates the legal nature of the contract of Mercantile Trust. This paper seeks to provide a better mechanism for application in our legislation regarding the institution of the Mercantile trust that does not affect the stock market, much less the economic situation of our country. The purpose of this work is to disseminate the figure of the contract of Mercantile Trust, being known by few, to take advantage of it and apply it because it is a very flexible legal figure that has its advantages.