Análisis del incumplimiento de las promesas de compraventa y sus efectos juridicos en la legislacion ecuatoriana y chilena

Abstract

Abstract: This research paper analyzes purchase agreements and their legal implications from a comparative perspective between the regulations in force in Ecuador and Chile. The promise of sale is configured as a preliminary contract in both legal systems. For such a promise to be valid and enforceable, it must be in writing, establish a term or condition, and clearly specify the content of the promised contract. The analysis delves into the legal nature of this preliminary contractual figure, pointing out its fundamental characteristics, the obligations it imposes on the parties involved, and the consequences of non-compliance. It also identifies both doctrinal and regulatory differences between Ecuador and Chile, showing that, although they share a common legal basis, they differ in procedural aspects and in the interpretation of the principle of contractual good faith. Finally, the paper highlights the relevance of this concept in the contemporary contractual context, especially in real estate transactions, and suggests the need to strengthen its regulatory framework and application through a consistent and protective interpretation of civil law.