La escritura pública como instrumento fundamental para la seguridad jurídica de la realidad inmobiliaria de cada cantón.

Abstract

The present study focuses on the public deed as a fundamental instrument for the legal security of the real estate reality of each canton, with the objective of identifying the cases in which there have been conflicts or possible inconsistencies in the sale of real estate in problems such as lack of Due plan, municipal cadastre, Certificate of Property Registry and others that make it impossible to register in the Property Registry. In response to this reason, a qualitative investigation was carried out, applying interviews to notaries and lawyers who highlight the importance of public deed as an instrument that provides legal certainty in real estate purchase contracts, an instrument that will later be used to register the property granting more legal guarantees when acquiring ownership of the property. In response to the limitations that prevent such registration and that are related to the aforementioned, a better action of the notary is required considering a reform of the Notarial Law and including recommendations to improve its operations.