La Sustanciación del Proceso de Inquilinato Limitación al Derecho de Propiedad del Dueño o Acción Jurisdiccional a favor del arrendatario

Abstract

In the present times we have observed that the private property right is claimed by the entire society through demonstrations against bills, which affect the private property right such as the inheritance law and the capital gains law. The private property right is fundamental to the development of a nation. This work is a research developed about the tenement processes in Loja city in 2014; the research consisted of analyzing bibliographically and making a doctrinaire, critical and legal study of legal framework of the tenancy trials, interviewing experts in the subject and surveying to right professionals. It was determined that the tenancy processes sustenance is not a property right limitation nor abusive court action on behalf of the tenant, but this tenancy trial gives the legal reason who prove it by acted ordered and submitted evidence under the current legal system; leaving the idea that it is a fair legal process which produce as a result legal certainty which guarantees development in the world. It was also determined that in tenancy terms alternative means of dispute resolution can be used, such as mediation.