Análisis jurídico de las acciones judiciales en el incumplimiento de las obligaciones de dar- en el contrato de promesa de compraventa

Abstract

Ecuador stands out in Latin America for having an avant-garde legislation on transfer of ownership transactions. The 2008 Constitution defends the right to legal certainty for Ecuadorians. However, this right is violated on a daily basis. Therefore, it is key to analyze the sales agreement contract as a promise where obligations are generated, and rights are guaranteed since the breach of obligations of this contract has generated uncertainty among citizens. In consequence, the purpose of this project is to show the legal actions that occur in the failure to comply with the promise of a sales agreement contract. It is necessary to emphasize that the sales agreement contract is conceptualized as a bilateral celebration, by means of which a consensus is expressed. Among the main characteristics of this document, it is highlighted that it must be solemn, nominated, principal, and bilateral, which have constant pledges in article 1742 of the Civil Code, where it is emphasized that if the contract is made with guarantees, it requires a pledge that assures the celebration of the definitive purchase. Consequently, it is important to analyze the role of the Public Notaries in the validity of such contracts. However, the lack of a special normative framework to regulate the sales agreement contract makes it difficult to demand the fulfillment of the obligations of this type of contract.