La extinción del usufructo para garantizar el derecho de propiedad a favor del nudo propietario.

Abstract

The objective of this investigation was to identify which are the doctrinal criteria and other procedures to be carried out at the time of the termination of the usufruct to guarantee the right of property in favor of the bare owner. So for your better understanding, we started from the concept of the right of usufruct. Likewise, the different ways that the owner of an asset can constitute a usufruct right in favor of any person over movable or immovable property were also determined. The ways in which the right of usufruct can be extinguished was also addressed. From the execution of surveys to notaries of the city of Guayaquil, it was determined that, through the extinction of the real right of usufruct, the right to property of the bare owner is guaranteed. Likewise, divergences could arise between the bare owner and the usufructuary, due to the legal condition of the asset, in relation to the execution of a purchase and sale contract. The results also showed that the right to property is affected by the indeterminate usufruct of the case. Finally, the notaries believe that the extinction of the usufruct, by means of a notarial instrument, would have the same legal effects with the registration in the Property Registry.