Incidencia de la notificación dentro del acto notarial de solemnización de desahucio, por anticipación del arrendador, en el contrato de arrendamiento de un predio urbano.

Abstract

Not only as a requirement required by the Graduate System of the Faculty of Law, Political and Social Sciences of the Santiago de Guayaquil Catholic University to obtain the academic degree of Magister in Notary and Registry Law, but rather, because the subject: Incidents of notification within the Notarial Act of Solemnization of Eviction, in advance of the landlord, in the Lease of an urban property, "contains a series of rights and obligations that arise from the conclusion of a contract of common use, as is the case of the Lease of an urban property, with much more reason at the moment of its termination, when the same is propitiated by the sole and exclusive will of the landlord. Although in the constant provisions in the Tenancy Law, which is the rule that governs the unilateral termination of the lease contract in advance of the landlord in the case of urban land, is a social norm, which was born in order to protect The rightsof the tenant, is no less true, that the latter must demand them with due legal backing, that augur successes in their claims and not a series of demands that the only thing they do is to delay two very important resources in the lives of human beings , Time and Justice. That is why the Assemblyman, reformed the Notarial Law among several norms, integrating it in that, with the exclusive character in the eighteenth article, the thirty fifth attribution that refers to the Solemnization of the Eviction, the same that obviously must communicate with the constant provisions in the Civil Code and the Tenancy Law, applying for its procedure, the regulations related to the General Organic Code of Processes. In the development of the present work, several judgments have been studied that were once dictated by the Supreme Court of Justice, the National Court of Justice andalso by the Constitutional Court of Ecuador, in which, coincidentally, it is established that the Eviction It is not a trial, it is not a lawsuit, nor a legal process, but a simple notification made by the Notary, in order to make known the will of one of the parties, and in this case the Landlord.