Validez jurídica de la cesión de derechos posesorios de bienes inmuebles en la legislación ecuatoriana

Abstract

The cessions of possessory rights of real estate generates a false idea in the users who believe that they obtain a fair title that guarantees their property right. With the figure of the protocolization, or recognition of signatures of private contracts, cessions of possessory rights over immovable property are made, when the correct thing is to make the sale or transfer by public deed and its subsequent registration in the Land Registry. The progress made in registration matters to maintain a growing universe of registered titles, has not kept pace with the territorial or cultural reality, since the Cantonal Registry does not include all registered property titles, limiting those who do not they own it, their access; and, placing in a position that is exploited by unscrupulous people who cheat the owner without title, using the figure of the assignment that does not apply to the transfer of property ownership. Our legislation contains rules on just title and manner, including the Organic Law of Rural Lands reaffirms the ineffectiveness of any title based, among others, on possession except the adjudication resolution issued by the National Agrarian Authority when said property is located in the rural area. It is necessary to establish the legal validity of assignments of possessory rights to real estate in Ecuador, setting out the legal basis for possession and assignment of rights to determine the appropriate legal means to legalize the property of unqualified owners. We try to demonstrate that our legislation has the necessary institutions for this purpose.