Directrices generales para el otorgamiento de permutas en sede notarial.

Abstract

Notarial law is a branch of law in general, which is subject to other areas, for example, civil law. It is considered as an auxiliary organ of the Judicial Function, therefore, it is in charge of providing legal certainty to notarial acts, through public faith. The exchange contract is considered one of the oldest and most historical contracts, because the exchange arises to give formality and sense of obligation to the barter (first economic activity used by man), then with the appearance of the currency it loses value in relation to the purchase and sale. Swapping is the voluntary exchange of things of the same value between two or more persons called exchangers, and it differs from the purchase-sale contract, because while in the purchase-sale a thing is compulsorily exchanged for money, in the swap things are exchanged for things. It is important to analyze the basic guidelines that should be used for the granting of exchanges in notarial offices, because the Ecuadorian legislation does not specify what they are, but shows that the relative provisions of a contract of sale should be used, keeping the exceptions that cannot be implemented due to the nature of the exchange, therefore, it is necessary a broad study of the provisions of sale established in the Civil Code so that notaries can follow the same regime when making public deeds that will be used by the exchangers and the exchange contracts themselves.