Propuesta de ordenanza para contratos de comodatos y donaciones en los GADS.

Abstract

The purpose of this paper is to expose the social problems of the city of Guayaquil that occur in the depressed areas of the city. For this reason, public and private institutions seek to alleviate the needs of these communities, creating foundations, associations, and even health centers in the case of the Ministry of Health, which request municipal land to implement projects that are beneficial to the different communities. Not all institutions make use of the land on a regular basis, so the Municipality of Guayaquil, to avoid the irregular use of the same, seeks through gratuitous bailment contracts, donation and free transfers, to deliver to the community a property for free, which benefits the same, but being subject to obligations. Since these are real estate properties that are given, they must have the same procedure that is granted to a private real estate property, that is to say, they must have the proper deed and subsequent registration in the Property Registry. Since these contracts are very common in this entity, a proposal for an ordinance capable of regulating these municipal procedures is ideal in order to avoid the misuse of municipal real estate.