Implicaciones jurídicas sobre la inscripción del contrato de promesa de compraventa de bienes inmuebles.

Abstract

Among the powers of the notarial function is the granting of deeds of promise of sale, which are constituted in a causal contract and prior to the contract of sale. However, it is suggestive that the promises of sale are not within the registrable contracts by law, which means that their registration is discretionary in addition to the breach of the obligations derived from these contracts consequently brings a legal problem that It causes civil claims for compensation for damages, the committing of possible crimes, lack of registration information regarding the real estate object of the sale contract, contrary to the principles of good faith, legal security and publicity both in the notary and registry offices. For this reason, the objective of the investigation is to analyze legally and doctrinally the promises of sale and determine the legal feasibility of implementing in Ecuador the necessary regulations so that the purchase and sale contracts are registrable contracts. The methodology applied in this research goes through an analysis of existing regulations, a synthesis of concepts and documentary definitions, empirical methods based on the registry and notarial practice and interviews to the analysis of the experience of other legislations such as those of Colombia, Chile and Spain. The results determine that in the country it is necessary for legal certainty, right to information and procedural security to include contracts of promise of sale as a registrable contract, concluding that the National Assembly carries out an amendment to the Registration Law; That each Decentralized Autonomous Government of the country issue, through ordinance, a procedure for the registration of public deeds of promise of sale of real estate and that the National Directorate of Public Data Registry DINARDAP coordinates and dictates the guidelines so that the establishment of the registry preventive and informative of promises of sale and purchase in relation to computer platforms on these contracts to be incorporated into the contract of promise of sale as a registrable contract.