Abstract

POZO-CUEVA, Gabriela Anahi; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Rescission and the legal requirement for its clear procedure within the current regulations in Ecuador. Noesis [online]. 2025, vol.7, n.esp2, pp.688-702.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.612.

This study analyzes the legal concept of rescission as a mechanism for extinguishing contractual obligations by mutual agreement, distinguishing it from nullity and termination. Despite its frequent use in Ecuadorian notary offices, rescission lacks express regulation in current legislation, which creates legal uncertainty. Using a qualitative approach, doctrinal, regulatory, and comparative sources-including Colombian law-are reviewed to highlight the need to establish a clear procedure to support this practice. It is concluded that the absence of regulatory recognition of rescission violates principles such as legal certainty and encourages the use of non-standardized concepts. The study proposes formally incorporating this concept into Ecuadorian legislation, ensuring its proper application and consistency with the principles of notarial law.

Keywords : Acts or contracts; rescission; difference; legal certainty; principles..

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