Ley de registro sobre negativa de inscripción.

Abstract

Investigative article points out current flaws or vices of the Ecuadorian Registry Law, due to the fact that there is a contradiction with the regulations of the Organic Code of Territorial Organization (COOTAD) regarding causes for refusal to register and record property. Research in which a review of legal bodies, literature, and related doctrines is carried out, which demonstrate the need to incorporate or implement a cause, which determines that a Property Registrar has the legal authority to refuse to issue a modification of the surface of a specific real estate property or also a Property Registrar may refuse to register and/or record a transfer of ownership, when the applicant does not have the authorization document from the executive of the Municipality of the locality, as decreed by the Organic Code of Territorial Organization (COOTAD). Based on the above, I conclude by suggesting a proposal to reform article 11 of the Registry Law to typify a cause on this subject, taking into consideration the analysis of this article. Consequently, the methodological application is under a qualitative approach, through the analytical method; and as a research technique, a documentary analysis is shown reflected in a Dismemberment deed and a court ruling, as a demonstration of the need to reform article 11 of the Registry Law so that it is in harmony with the Organic Code of Territorial Organization (COOTAD).