Legal glossary for Ecuador.

A preliminary agreement in which the parties commit to the future execution of a sale contract, usually with a deposit and a deadline for signing the escritura pública.

ExampleThe compromiso de compraventa was signed with a 10% deposit and a 60-day deadline for the escritura.

The principal contract by which ownership of an asset is transferred in exchange for a price, executed in Ecuador as a public deed when the asset is real property.

ExampleThe contrato de compraventa was notarized and registered with the Registro de la Propiedad.

A contract by which the owner of a property (arrendador) grants temporary use to another (arrendatario) in exchange for rent, governed by the Código Civil and the Ley de Inquilinato.

ExampleThe contrato de arrendamiento was signed for a two-year term with monthly rent payable in advance.

A simplified divorce procedure available to spouses who agree on the dissolution, executed before a judge or notary, with a settlement on child custody, support, and property.

ExampleThe parties executed a divorcio por mutuo consentimiento before the notario after executing a settlement on patrimonial matters.

A formal instrument by which a person disposes of their estate to take effect upon death. In Ecuador, an abierto will is granted before a notary and three witnesses.

ExampleThe testamento abierto designated the spouse as the sole heir of the marital home and the children as heirs of the remainder.

A written declaration made under oath before a notary or other competent authority, used in administrative, judicial, and notarial proceedings.

ExampleThe defendant executed a declaración juramentada acknowledging the debt and proposing a payment schedule.

A written record of the resolutions adopted at a shareholders', partners', or members' meeting of an Ecuadorian company, signed by the chair and secretary.

ExampleThe acta de asamblea recorded the unanimous approval of the capital increase and the amendment to the bylaws.

The internal governing document of an Ecuadorian company, filed with the Superintendencia de Compañías, defining the company's name, purpose, capital, governance, and shareholder rights.

ExampleThe estatutos were amended to reflect the new share structure and the appointment of the new administrator.

A private agreement between shareholders regulating the governance, transfer, and operation of the company, complementary to the estatutos.

ExampleThe pacto de accionistas included tag-along, drag-along, and right-of-first-refusal provisions for the founding shareholders.

The formal appointment of a company's administrator, gerente, presidente, or监事, registered with the Superintendencia de Compañías.

ExampleThe nombramiento of the new gerente general was registered with the Superintendencia de Compañías within the legal deadline.

A legal arrangement under which a settlor transfers assets to a trustee to administer for the benefit of one or more beneficiaries, regulated by the Codigo Organico Financiero.

ExampleThe fideicomiso held the proceeds of the sale until the buyer's outstanding tax obligations were cleared.

An administrative order issued by the Superintendencia de Compañías, Valores y Seguros, approving or denying a corporate act, or imposing sanctions on a regulated entity.

ExampleThe resolución approved the merger subject to the publication of the notice in a national newspaper.

A notarial instrument granting authority to act on behalf of another. A poder general covers a broad range of acts; a poder especial limits authority to specific acts or transactions.

ExampleThe investor executed a poder especial authorizing the Ecuadorian counsel to sign the share purchase agreement on its behalf.

A formal document executed before an Ecuadorian notary that has the status of a public instrument. Required for property transfers, certain corporate acts, marriage settlements, and powers of attorney.

ExampleThe property transfer was formalized through an escritura pública registered with the Registro de la Propiedad.

Notarial act confirming that a signature on a document was made by the person identified and in the presence of the notary.

ExampleThe certification of firmas was performed at Notaría 17 in Quito on the same day as signing.

A standardized certification under the 1961 Hague Convention that authenticates a public document for use in another signatory country. Ecuador has been a party to the Convention since 2005.

ExampleThe birth certificate required an apostilla from the Cancillería before it could be used in the U.S. immigration filing.

A translation accompanied by a signed statement by the translator attesting to accuracy and completeness. In Ecuador, a certified translation must include the translator's full name, signature, date, and a statement of fidelity.

ExampleThe court required a traducción certificada of the foreign judgment before admitting it as evidence.

The public registry in each canton where real estate transactions, liens, and encumbrances are recorded for the purpose of public notice and protection of third parties.

ExampleThe escritura was filed with the Registro de la Propiedad to perfect the transfer of title to the buyer.

The final written decision of a court resolving the matters in dispute, including the findings of fact, the legal reasoning, and the operative ruling.

ExampleThe sentencia de primera instancia was issued in favor of the plaintiff, ordering specific performance of the contract.

A written order of the court that resolves an incidental matter during the proceeding, without deciding the merits of the case.

ExampleThe judge issued an auto interlocutorio admitting the documentary evidence and scheduling the testimonial stage.

The procedural remedy by which a party asks a higher court to review and reverse or modify a lower court's decision.

ExampleThe defendant filed a recurso de apelación within the 10-day term after notification of the sentence.

A summary court proceeding used to collect on an enforceable title, such as a promissory note, a check, or a final judgment, allowing for attachment and sale of the debtor's assets.

ExampleThe bank initiated a juicio ejecutivo to collect on the unpaid promissory note.

The initial written filing by which a party brings a legal action before a court, identifying the parties, the facts, the legal basis, and the relief requested.

ExampleThe demanda was admitted by the juez de primera instancia and the defendant was ordered to respond within 30 days.

A constitutional remedy available under the Ley Orgánica de Garantías Jurisdiccionales to protect constitutional rights, including due process, equality, and property.

ExampleThe plaintiff filed an acción de protección alleging that the administrative seizure violated due process.

The court or notarial proceeding by which the estate of a deceased person is distributed to the heirs, in accordance with the will (testate) or the legal order of succession (intestate).

ExampleThe juicio de sucesión was opened before the notaría after the partida de defunción and the will were filed.

The civil registry entry recording a person's birth, issued by the Registro Civil del Ecuador. Used for citizenship, identity, and family proceedings.

ExampleThe partida de nacimiento was required for the citizenship application and the apostilled translation was used in the foreign filing.

The civil registry entry recording a marriage, issued by the Registro Civil del Ecuador. Required for name changes, residency filings, and family proceedings.

ExampleThe acta de matrimonio was apostilled and translated for the U.S. immigration petition.

The civil registry entry recording a death, issued by the Registro Civil del Ecuador. Required for inheritance proceedings, life-insurance claims, and family filings.

ExampleThe partida de defunción was filed with the notaría as part of the inheritance proceeding (juicio de sucesión).

An Ecuadorian immigration visa granting the right to reside in the country for a defined period or indefinitely, subject to the conditions in the Ley de Movilidad Humana.

ExampleThe visa de residencia temporal was issued for an initial two-year term, renewable, with the right to work without a separate work visa.

The national identity document issued to Ecuadorian citizens by the Registro Civil, used for identification, banking, and most official transactions in Ecuador.

ExampleThe cedula de ciudadanía is required for the contract signing and for the notaría to identify the parties.