Browsing by Author "Ortega Piana, Marco Antonio"
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Item Metadata only Pacto resolutorio expreso algunos comentarios sobre su regulación civil y registral(Universidad ESAN, 2023-12-31) Ortega Piana, Marco AntonioIn the event of a serious breach of obligations, and having lost interest in the due performance, the creditor, as a faithful party to the respective legal relationship, may choose to invoke the agreement that had been expressly agreed, thereby terminating the respective contract by the sole merit of the respective communication. Being the so-called express termination clause a figure that should not generate further discussion, the latter arises in relation to the content of the agreement and the manner of exercising the respective elective right. It is therefore appropriate to consider what the legislator intended within the framework of private autonomy, since the freedom of configuration must be exercised in correspondence with the rationality of the respective figure to be applied and the imperative rules, which is an insurmountable limit. The topic acquires singular relevance because the registry regulations allow a resolution derived from the exercise of the express resolutory agreement to be registered at the request of the interested party, of the creditor, specifically of the person who transferred the ownership of a real estate property through the registry, who reacquired such ownership, with an effectiveness that is not limited inter parties, but erga omnes.Item Metadata only Resolución por inejecución de obligaciones mediante intimación del acreedor: algunos comentarios sobre su regulación civil y registral(Universidad ESAN, 2020-06-27) Ortega Piana, Marco AntonioIn the event of a serious breach of obligations, it’s logical the representation that assists the creditor exclusively affected, the possibility of resolve the agreement, for loss of interest in claiming the due; however, to achieve this purpose, the law has the necessary observance of certain requirements, which cannot be ignored within the framework of private autonomy, or because the creditor wants to resolve the agreement unilaterally. It’s precisely the affectation of the indicated interest that makes it possible to distinguish between immediate and deferred resolution procedures, proposing that the so-called intimidation resolution be considered in the last group, given that it’s assumed that the creditor maintains interest in to obtain the due, although it will lose it if, within the granted period, the unfaithful party maintains the state of non-performance of obligations. Being a full-fledged resolution, in which a constitutive jurisdictional qualification is omitted, it should be able to register said resolution, despite the fact that the current registry regulation does not expressly authorize it, for which purpose, warning of contingencies, certain alternatives are proposed for reasonably protect the interests of the parties involved.