Abstract

GONZAGA-SIERRA, Javier Fernando; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. The embargo in Ecuadorian registry law: implications and legal certainty. Noesis [online]. 2025, vol.7, n.esp2, pp.61-74.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.478.

The embargo in Ecuadorian registry law was analyzed as a fundamental institution for the protection of the rights of creditors, debtors, and third parties in real estate transactions. The objective of the study was to identify how this procedure could violate the legal certainty and due process of owners and third parties. A dogmatic-legal methodology was applied, with a qualitative approach, based on the study of regulations, doctrine, jurisprudence, and comparative law with Spain and Argentina. The results showed that, although the Ecuadorian regulatory framework offered a solid foundation, its application presented inconsistencies, especially in the registration of seizures, creating risks for legal certainty. The comparative analysis highlighted technological and management advances in Spain and Argentina that could serve as a reference. It was concluded that continuous training of registrars and technological modernization of the registry system were necessary to ensure greater efficiency, consistency, and legal certainty.

Keywords : Registration law; judicial proceedings; legal certainty; comparative law..

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