La obligación de inscripción del contrato de promesa de compraventa de bienes inmuebles en la legislación ecuatoriana.

Abstract

Given the economic importance, both at the macro economic level and even more so in the economy of Ecuadorian homes, of the contract for the purchase and sale of real estate; but in practice they are subject to legal proceedings. The objective of this work is: To determine doctrinally and legally the possibility of registering the promise contract or similar titles in the property records; from a qualitative approach, using the legal-comparative method of the legislation of Ecuador, Argentina, Chile, Colombia, Peru and Mexico; To which is added the opinion of legal professionals who address this issue in their daily work. All of which, as a result, results in the custom of not registering, in the Property Registry, the contracts of promise of sale of real estate for not generating real effects, obviating compliance with the Principle of Registry Advertising; even if its registration is legally possible and highly recommended. The need arises to positivize this obligation by reforming article 25 of the Registration Law.