La inscripción de contratos de arrendamiento de predios urbanos ante notario y sus incidencias.

Abstract

The current research work carries out a study regarding the registration of residential property lease in Ecuador, which presently constitutes one of the exclusive powers of a Notary Public since the amendment to the Notary Public Act dated May 22, 2015, with the issuance of the General Organic Code of Processes (COGEP), adding subclause 36 to article 18 of the aforementioned law. There is an analysis of the reforms introduced by COGEP, establishing that the registration of lease contracts are provided for monthly rent payment cases exceeding, in general, the unified minimum wage of the worker. The subsequent reform to the Notary Public Act is analyzed, published on December 30, 2016, in the 913 Official Registry, the sixth Supplement, whereby article 18, subclause 36 is modified, and this limitation to register lease contracts, whose rent payment exceeding a unified minimum wage of the worker, in general, has been removed. There is, however, no provision or rule to specify what is happening with lease contracts whose amount is less than the basic salary, and could not be registered, due to the previous reform implemented with COGEP.