Los contratos de prenda e hipoteca como títulos de ejecución.

Abstract

The current degree work is seeking to perform legal analysis in regards to the inclusion of the mortgage contracts category of Foreclosure Titles. Together with the legal consequences that this entails, as part of the reforms of the General Organic Code of Processes, promulgated in the year two thousand and nineteen. During the development of chapter one, the present work contemplates a brief tour of the historical antecedents that grant the legal nature to the collateral contracts, together with their guarantees and execution mechanisms, among which the pledge and mortgage contracts stand out, which define the elements and main characteristics and will be analyzed in order to understand the historical need regarding its direct execution. In regards to the second chapter, this degree work will focus on the legal system of Ecuador, in order to establish how the enforcement procedure works and what it's legal effects are to the parties involved within the process. Just like as the presidential veto will be mentioned in regards to the General Organic Code of Processes, referring specifically to the mortgage as the Title of Execution, Where the President of The Republic maintains the modification of the title quality by which the mortgage is executed, affecting the property right of the citizens, as well as the constitutional sentence that approves the mortgage as the Title of Execution, In order to bring up the existing legal problem and present a solution for it.