La negativa registral ante el silencio de la autoridad administrativa.

Abstract

This paper aims to analyze the figure on registration refusal before the silence of the administrative authority, which includes a dogmatic study of the administrative doctrine regarding administrative silence. The questions that I intend to answer will be: how has the administrative doctrine developed the legal institution of administrative silence? How should it operate within the Ecuadorian registry system? What are the legal effects of refusal to register? How many types of registration refusal are there? Are there differences between express refusal and administrative silence? To answer these questions, an analysis of Ecuadorian law was carried out to show the effects of the registration refusal, whose problem is the lack of speed in the substantiation, and lack of motivation, in the refusal act issued by the Property Registrar. I will also carry out an analysis of sentence No. 13266-2021-00067, on the resolution issued by the judge on the process of cause, registration refusal, that is, a problem framed in the responsibility of the resolutive act issued by property registrar.