Análisis de los contratos de inquilinato cuando el canon arrendaticio excede lo fijado por el gad municipal de cuenca

Abstract

This research was conducted based on the legal problem pertaining to the insufficient knowledge of the regulations that must be applied in each of the leasing contracts of real estate (commercial or tenancy) because the Tenancy Law discriminates against landlords, determining that overcharged rental fees must be returned since the Autonomous Decentralized Municipal Government (GAD, by its Spanish acronym) of the Cuenca Canton has set them at short amounts, thus limiting the lessor's full enjoyment of his right to contractual freedom and affecting the conventionality between the parties, which is presumably justified by the improper application of the regulations in force. In order to justify this problem, historical research was necessary, which allowed us to clarify how the contractual figure works in lease contracts and the legal importance of correctly applying the regulations through the qualitative method. Subsequently, it was possible to systematically observe and analyze everything regarding the contractual freedom and the conventionality of the parties by applying the descriptive method to explain its nature and implementation within the lease contracts with the help of information gathered. Finally, it was possible to identify through the exploratory-synthetic method that there is indeed a remarkable lack of knowledge about the application of the appropriate regulations for lease contracts. Thus, we state that the lack of knowledge of the regulations in leasing contracts contributes directly to the violation of the rights of lessors.