El procedimiento de desalojo por incumplimiento del desahucio notarial en el Ecuador.

Abstract

This thesis presents a legal analysis of the rules related to the judicial procedure for the eviction or release of tenants who, after the eviction notice, have not proceeded to vacate the leased property after the expiration of the term granted by law, in order to classify the eviction cases and clearly describe the procedure to be followed in each one of them. Several substantive and adjective norms, scientific articles in digital support published in indexed journals, as well as books related to the subject were used as research materials. The methodology used developed a qualitative analysis following the critical interpretative synthesis, obtaining as results: that there are two kinds of evictions, the judicial and the notarial, which are provided in public documents with different legal effect at the time of seeking the eviction of the evicted person, leading to the practice of initiating different judicial procedures for the eviction, depending on the authority that has provided the eviction. The notarial eviction act is not included in the list of titles of execution of article 363 of the General Organic Code of Proceedings, forcing landlords to file summary proceedings despite the termination of the contractual relationship due to the eviction. The need for a legal reform that includes the eviction act as a title of execution for the unification of the eviction procedure, with a view to the normative coherence of the Ecuadorian legal system, is raised.