La compraventa con reserva de dominio a la luz del nuevo código de comercio : efectos entre las partes y reformas aplicadas.

Abstract

The sale as commercial activity arises in civil law, where the Roman system has several flexible measures that would meet the needs resulting from the practice of that exercise. However, due to the high demand for the acquisition of movable and immovable property, especially the former, the lack of economic resources and the obtaining of credits from the buyer, allows the implementation of this type of purchase agreement to facilitate its circulation and the purchase on credit. The constant use of the reservation of domain in the contracts for the purchase of movable property has generated that some legislations, including ours, be added as a modality of the contract of sale or as a pact that makes up said contract. This academic article is aimed at addressing the legal treatment that has been granted to this modality to which merchants have resorted since their appearance in Ecuador until the recent Commercial Code published on May 29th, 2019 and, the possible legal gaps in the legal regulation that should be clarified or corrected. No doubt its current regulation in the commercial sector seeks to provide legal security to the merchant and to allow the rotation of merchandise in your business, this considering the risk that would suffer the seller to deliver the goods without having received their full price, which, when postponed in different installments, transforms the term of purchase and credit and therefore the tradition that gave the domain to the buyer is suspended until it proceeds to realize its full payment.