Abstract

MARIN-ZUNIGA, Karina Alexandra; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. The legal effects of relative incapacity in purchase agreements executed before Ecuadorian notaries. Noesis [online]. 2025, vol.7, n.esp1, pp.1893-1910.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.540.

Relative incapacity in contracts is based on what the law itself determines in the Civil Code, and establishes who is absolutely and relatively incapable. It is constituted by the will of two or more persons to create, modify, or extinguish obligations, and is particularly important in the dynamics of society. The notary has the obligation to verify the requirements and formalities required by law in order for the document to take on the status of a public instrument. The purpose of this article is to analyze the legal effects of relative incapacity in purchase and sale contracts in Ecuadorian notarial offices as a legal instrument. To this end, qualitative research methods are proposed, including the analysis of doctrinal documents, case law, comparative law, and descriptive analysis addressing the legal institution, the study of incapacity, capacity, contracts, and parties to contracts, in order to arrive at a specific and detailed study.

Keywords : Capacity; incapacity; contracts; relative incapacity; legal effects..

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