Tensiones jurídicas entre el derecho registral y los principios del debido proceso y seguridad jurídica en el ordenamiento jurídico ecuatoriano.

Abstract

Registration Law plays a central role in the regulation of legal transactions, as it ensures the publicity, legality, and security of acts. However, in the Ecuadorian legal system, conflicts are observed between registration law and the principles of due process and legal certainty. Indeed, these conflicts are the consequence of regulatory gaps, procedures that lack clarity, and limitations on the right to defense, which lead to insecurity in registries and disputes over the consolidation of acquired rights. The two aims of this research are the following: first, to critically analyze the gaps between Registration Law and constitutional guarantees in order to reveal the procedural contradictions and regulatory gaps that weaken the coherence of the registry and civil system; second, to propose harmonization proposals that provide clarity, reduce conflict, and guarantee respect for fundamental rights. The study uses a descriptive, quantitative approach, based on the analysis of statistical data and documented registry cases in Ecuador. Through a review of files, administrative resolutions, and court rulings, the study seeks to measure the impact of regulatory gaps on registry security and the exercise of the right to defense