Las obligaciones contractuales de inquilinato y el comercio en tiempos de pandemia

Abstract

The Pandemic means a global blow in all aspects of development, especially in the social and economic sphere. In Machala, as in the rest of the country, most of the small and medium-sized merchants do not own real estate of their own, therefore, they rent properties that are not their own. The emerging measures accepted by the public order authorities in the presence of Covid-19 represent a Stand by in the contractual tenancy obligations of merchants; However, in the legal and legislative exercise, the shortcomings and damages provoke a new epidemic, but a commercial one. In order to determine important issues in relation to the contractual obligations of tenancy, an explanatory and descriptive investigation of legal and social phenomena, causes and effects was carried out from the bibliographic review. The methodology applied within the framework of the development of the work are the methods: exegetical, iusphilosophical and analytical. One of the most important results is the little legal logic and the legal vacuum in the legal system regarding tenancy obligations, which violates the principle of proportionality and generates what the media call a commercial epidemic.