Examinando por Autor "Maldonado, Jorge Raúl"
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- ÍtemSolo MetadatosAnálisis jurídico a los efectos del incumplimiento de la promesa de compra venta en bienes inmuebles en la legislación ecuatoriana(Universidad Católica de Cuenca., 2021) Maldonado, Jorge Raúl; Valarezo Cordero, Juan Fernando; 1706361530This research aimed to analyze the effects of the breach of the promise of real estate purchase and sale in Ecuadorian legislation. It must be considered that the purchase and sale promise has several shortcomings since there are insufficient regulations that can become confusing, which prevents this type of contract from having the proper legal security in the event of default. The methodology applied in this study was documentary and literature design. The sample consisted of dictionaries, scientific journals, previous research works, extracts of sentences, and legal texts. It is concluded that the party affected by the breach of the contract of the promise of sale can request its forced execution provided it is wished or requested, or the application of the penalty clause, i.e., it can only be requested one of these solutions to the breach, except for those cases in which it has been agreed that for the simple delay in the fulfillment of what has been agreed in the promise, the penalty clause will be applied. It is recommended that the contracting parties seek both specialized financial and legal advice at the time of signing a contract of the promise of sale since sometimes contracts are used with pre-designed clauses in technical and legal terms that are not easily understood by everyone, to avoid entering into contracts whose content may be economically or patrimonially unfavorable to one of the parties.