Indispensability the right to defense contracts buying property

Authors

  • Alberto Emmanuel Cárdenas Bolaños University of Guayaquil
  • Hugo Alberto Cárdenas Echeverría University of Guayaquil
  • Brenda Xiomara Cárdenas Bolaños University of Guayaquil

Keywords:

no waiver of rights, property, jurisdiction, constitutional principies

Abstract

Toe present bibliographic study begins with an empirical observation made by the author during his work as a public official, where he focuses on ratifying and informingthat the rights ofthe citizen in Ecuador are protecred under the law and the Constitution even though it is found in clauses of minutes Or writings of immovable real estate such as the waiver of the right to sue in case ofbeing harmed the buyer. Toe human being is characterized by the need to overcome and obtain his personal assets by self-effort. Each one acquires a home for the personal benefit ofhis family, that is where the study ofthis social problem that citizens face every day in Ecuadorian territory when they acquire a property, since sorne, if not almost ali They do not know what they sign when they buy a real estate, generally in this documentation they make them renounce the right to sue before the Judges of their jurisdiction and matter, if these new owners were harmed when receiving their house in other conditions that are not established in the contract. This documentation must be framed under the Constitutional principies, applying the legality control, guaranteeing the defense in possible lawsuits of the injured against the real estate.

Published

2016-11-30

Issue

Section

Artículos