Exigencia del fideicomiso mercantil en los proyectos inmobiliarios : sujetos obligados.

Abstract

The main objective of this work is to require real estate developers to use the figure of the commercial trust for the promotion and accomplishment of real estate projects, for this it becomes indispensable to demonstrate the enormous advantages that this figure offers through a study of the Mercantile Trust, its general background, its implementation in Ecuador, the parties involved in this fiduciary business, the types of trusts that our legislation protects, how the real estate trust operates in Ecuador and other countries, the roles that brokers and real estate developers play in this type of business, in order to locate us in the contemporary space and to have as complete a perspective as possible of this type of business who injects large sums of money and provides numerous workplaces to help the State increase its gross domestic product; also comment on the disadvantages of promoting real estate projects that are not guaranteed by a commercial trust in Ecuador, causing prima facie economic injury to the weakest link in the chain which would be the consumer. We will propose possible solutions that have as an imperative objective the protection of future home buyers and why not; also, if is possible, the protection of all parties involved in this type of business.