Límites jurídicos al derecho de propiedad en el contexto de promesas de compraventa

Abstract

This research analyzes the legal issues arising from the failure to register the promise of sale agreement for real property in the Property Registry Office under Ecuadorian law. Although the promise of sale agreement constitutes a preliminary contract that creates obligations to perform, its lack of registry publicity places the promissory buyer in a vulnerable position regarding the risk of double sales, the creation of encumbrances, or conflicts with third parties acting in good faith. Unlike other Latin American legal systems, such as Colombia and Mexico, which have implemented mandatory or voluntary registration mechanisms with enforceable effects, Ecuador maintains a regulatory gap that undermines legal certainty and confidence in real property transactions. The study conducts a historical and doctrinal analysis of the contract and the contract of sale, examines the essential requirements of the promise of sale agreement, and evaluates its legal effects, particularly in relation to third parties. In addition, interviews with experts show that notarial and judicial practice acknowledge the need to strengthen buyer protection. Finally, the study proposes moving toward legal reforms, improved notarial practices, and preventive contractual mechanisms that guarantee stability, transparency, and legal certainty in preliminary real estate agreements in Ecuador.