Requerimiento notarial para el cumplimiento de la promesa de contrato, naturaleza, efectos, y propuesta de procedimiento.

Abstract

The signature before a notary public of deeds that contain promise contracts for the sale of real estate, is one of the most required services in the notarial offices of the country, according to the Ecuadorian Civil Code, said contracts establish a term or condition that determines the time of celebration of the promised sale. Being this a bilateral obligation, in which the parties must meet at the same time to comply with the conclusion of the promised contract, what happens when the date arrives or the condition is fulfilled, and the contract is not signed? In which moment the delay to comply is configurated, and how is it demonstrated so as not to fall into the exception of resolutive condition? In what consists the Notary Public authority to make requirements for the fulfillment of the promise of contract, provided in article 18 numeral 18 of the Notarial Law, what effects does it have, and how does it contribute to the demonstration of delay in fulfilling the promise? This research work answers these questions through the documental analysis of the nature and effects of the promise of sale contract, the delay in complying with it, and the power of notaries to practice through notarial diligence, the appeal or requirement to comply; and after demonstrating that there is no previous, clear, and public procedure in our legal system to carry out such requirements, and that historically it has never existed, it proposes a legal reform to include said procedure in our system, thus offering legal certainty to the users of notarial services.