Abstract

CHACHA-GONZALEZ, Jenny Graciela; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesus. Enforcement of the constitutional ruling on the sale of real estate owned by senior citizens. Noesis [online]. 2025, vol.7, n.esp1, pp.1246-1261.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.487.

In the field of notarial and registration law, there are limited preventive mechanisms that allow a notary public to accurately assess the full decision-making capacity of an elderly person when disposing of real estate. This limitation makes it difficult for the notary to ensure that the act is carried out with knowledge and freedom. The objective of this research is to analyze the application of Ecuadorian Constitutional Court ruling No. 832-20-JP/21 regarding the sale of real estate owned by an older adult. Through a critical and qualitative analysis, it was evident that the rights of this vulnerable group were being violated, in particular the right to decent housing, the protection of which is the duty of the State. Interviews with judges and constitutional lawyers in Cuenca, Azuay, confirmed that the violation of these rights persists, affecting their decision-making capacity and legal certainty.

Keywords : Rights; constitution; alienation; property; senior citizen..

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