El control de legalidad y responsabilidad registral ante actos jurídicos inválidos en Ecuador

Abstract

Abstract

In the Ecuadorian registration system, the review of legality conducted by the property registrar serves as an essential preventive function, ensuring that submitted acts and contracts strictly comply with current formal and substantive requirements. However, the lack of clear regulatory guidelines regarding the depth of this examination gives rise to a complex legal dilemma: on one hand, a superficial review exposes the system to the registration of instruments tainted by nullity, thereby undermining the stability of legal transactions; on the other, an excessively inquisitive examination fosters arbitrariness, causes unjustified procedural delays, and constitutes a clear overreach of authority. Faced with this dilemma—and the potential for civil, administrative, or criminal liability on the part of the official—this study analyzed the scope of registration review and the registrar's liability regime within the national legal framework. Employing a qualitative methodology with a descriptive and doctrinal-legal scope grounded in a synthetic analysis of statutory, doctrinal, and jurisprudential sources, the research evaluated the regulatory scope and feasibility of the registrar's review function. The findings suggest that a registrar's liability typically arises when, due to a failure to observe or negligence regarding their objective duty of care, acts containing manifest defects or omissions capable of infringing upon third-party rights are recorded. The study concludes that it is imperative to define and institutionalize consistent regulatory and procedural criteria to delineate the review function, thereby guaranteeing legal certainty without violating the principle of legality.