Root Goods Essay

Root goods essay

In this essay we will talk about horizontal property which is applied to properties that are acquired individually and collectively that we normally find in buildings that have several owners when acquiring departments, premises among others and in the case of collective property are common goods arethat are careful by paying aliquots that each owner collaborates that make up this property. It will be described what is the law that establishes according to the Civil Code where we will explain what is the importance ofthat has several conceptions. For a better understanding we break down its components: the word "property", which means "right or power to possess someone something and be able to dispose of it within the legal limits", and the "horizontal" word consists of "has all its points tothe same height".

This property consists of an incorporation of different and separate properties, it is a voluntary and permanent community, composed of the holders of each of the floors or apartments of a property, subject to the exercise of their rights to legal or peaceful norms.

The horizontal belonging law mentions the different ways of constituting the assets that are part of it but there is no concept as such and finally the regulation is a law that is responsible for regulating specific aspects such as the rights and obligations ofco -owners but not a concept of horizontal possession.

There is no concept of horizontal property in any of their legal bodies, so we are in need of establishing a concept so we start saying that horizontal property is a real right that is exercised on its own real estate, in theWhich owner has the powers of use, enjoyment and provision both material and legal contemplated in current regulations, but for horizontal property as such, the respective division and organization of real estate is given, that is, the separation of a building or aland, as established by current regulations.

Horizontal property should not be considered as a real estate, but rather it is a special regime that is regulated by law which stable as the real estate, the rights and obligations of each of the owners should be divided.

While in Ecuador with the Civil Code of 1861 it already contemplated horizontal property in an article, certainly that by the title "of easements" it would be believed that it is in the wrong place but it is not so since our Civil Code has its rootsIn the Chilean Civil Code the same one that was prepared by Andrés Bello, which contemplates in a single article the most essential of horizontal property, which remains to date in article 895 of our Civil Code.

Horizontal property has evolved together with societies, so it has several important features that have left societies well marked as is the economic, social and legal field.

The economic aspect is very fundamental since horizontal property gives us many advantages such as: the construction of buildings, urbanizations, condominiums, among others helps the best use of the land;Most of these constructions are carried out on a large scale that finally end up being cheap for future co -owners or owners;Not only does the purchase of properties are cheap but also the cost of construction materials since it is purchased on a large scale and are much cheaper;In addition it also promotes capital income .

In the social aspect, horizontal property seeks to meet one of the most primary needs of the human being, which is to have its own house. Keeping into account that society creates by leaps and bounds it is necessary to have a solution to the housing problem because horizontal property is a great solution to this problem and also helps co -ownersIts environment is found everything that co -owners can develop their life within a community by having different common areas for the recreation of the whole family or in turn to have nearby public places, in addition to the vast majority of real estate thatThey are part of the horizontal property, they have private security that helps the co -owners who can have security for both them and their property.

Horizontal property also gives us a great advantage of stability and social order, by increasing the number of owners of a home in a certain place and thus ending the housing problem of recent times. .

According to the Law and the Horizontal Property Regulations, this statute has to go through the notary to be approved and subsequently by the decentralized autonomous governments, but in case it establishes the law, the law would be making an illegal construction is the great conflict that existsWith this institution in our country it is not known whether to pay attention to current regulations or decentralized autonomous governments this doubt we will get it in the following chapters.

It is necessary to know clearly and precisely how horizontal property is constituted to avoid future problems both in the construction of goods and in the constitution of horizontal property, the approval of the statutes among others.

Horizontal property has ways to constitute them which is governed by the material requirements that have to do with the structure of the good, with the physical conditions that must be met either the house, the building, urbanizations, condominiums, commercial premises, wineries, betweenothers. In our current horizontal property law, the only thing that requires us to establish the domain regime is the provisions of article No. 1 in the establishment of the following requirements:

1. It can only be established on built real estate;
2. The built real estate or of the different ways of establishing horizontal property must have two or more units;
3. All real estate that is part of horizontal cooperation must have access autonomy;
4. The assets that make up part of the horizontal property can be of different owners or one; 
5. Like real estate, the land follow the same rules, that is, they are constituted by goods that are part of the buildings and other exclusive and are handled in the same way as the goods;
6. In addition to the reform of the year 2011 the law makes a definition of each plant of real estate: subsoil-. They are those under the ground. First floor-. The one that is above the ground floor. Second floor-. It is one that is immediately higher than the first;And so on;
7. Finally, the law indicates that between floors are part of the plant in which they are assigned and cannot be considered as independent floors.

In the formal requirements it is the internal regulations, which will determine all the norms that will govern within the housing complex;will be determined privately, as well as common: both general and special;and also the aliquot corresponding to each of the units that are part of the property belonging to the housing complex.

In conclusion, horizontal property is a legal term that establishes Ecuadorian legislation regulates and seeks to comply with the housing satisfaction of owners and society;and in turn seek a better use of the land since this figure is characterized by that since they can be various ways in which it can be constituted as it is in the field of housing but also in the commercial area or even both in the Civil Code areregulates horizontal property but not in the way that society but in most of the requirements for the constitution of horizontal property are easy to meet but some in the administrative field such as in the internal regulations there is a great contradiction at the time ofProperty Registry