El contrato de promesa de compraventa de bienes inmuebles: El trámite para su ejecución por incumplimiento. Principios, tendencias actuales, procedimiento y posibles reformas.

Abstract

In this paper, the legal proceedings that the failure of any of the signatory parties of the contract promise of sale of real estate, generates analyzes. Detail is discovered, how the Ecuadorian procedural rules in force at the time, in these cases, far from complying with the provisions of the Constitution of the Republic (Art.169) and the Code of Judicial Function (Art.118), slow implementing prompt and effective justice. Likewise, through the comparative analysis of selected jurisprudence, national and foreign laws, of human reality and practicality of court proceedings, identifies why run a promise of sale agreement, it has become a long and exhausting trial experience and what could be the general procedural solutions themselves, in some cases, are already applied in other legislation. The new General Process Code, in relevant part, as well as initiatives of the Superintendency of Companies which, through several resolutions, has sought to reassure subscribers of these contracts is studied.