La seguridad jurídica en el sistema registral ecuatoriano y los efectos que genera la negativa de inscripción de los actos y contratos traslaticios de dominio.

Abstract

Within the legal problem regarding the tradition of acquiring the domain done voluntarily or through a legal representative, the Registration Law, in the regulations of Ecuadorian legislation, as well as the provisions contained in the Civil Code, COOTAD, Notarial Law and Registration Law in the legal system; In order for the tradition to operate, the property registrar has the obligation to look for the different alternatives so as not to affect the rights of third parties through the registration practice; with the duly substantiated registration refusal, the interested party must go to judicial instances for what within the due process in which the competent judge will subsequently intervene who will or will not inscribe the property registrar, calling the respective hearing provided in the article 336 of the COGEP, and to comply with the provisions contained in articles 8 and 21 of the Organic Law of the National System of Public Data Registry, such as the rectification and the change of information in registries or databases. This investigation seeks to guarantee the right to property, as well as legal certainty in the Ecuadorian registry system, applying the current regulations, for each case especially when it comes to transfer of ownership in which the acquirer's future rights are affected with with respect to the merchant, guaranteeing the real right of the property provided in the Constitution.