Los funcionarios notariales y el cumplimiento del mandato constitucional en la solemnización de la unión de hecho en el Ecuador.

Abstract

The present titulation’s work under the modality complex exam for to get the degree of Magister in Notary and Registry Law, titled "The notarial civil servants and the fulfillment of the constitutional mandate in the solemnization of the fact union in Ecuador" has as objective determine the fulfillment of the constitutional mandate in the solemnization, on notarial way, of the fact union and its legal consequences. The methodology applied was documentary and bibliographic at the moment of analyzing the regulations related to the subject and the global antecedents of the fact union and its solemnization, identifying the evolution in said legal bodies around undefining the sex of the people who request the configuration of said legal institution. Likewise, a field methodology was applied that allowed identifying the position of the notary officials of the city of Manta regarding the solemnization of fact unions, having as an element of focus the sex of the cohabiting applicants. In observance of the analyzed, the need to reform the Constitution of the Republic is established in order to clarify this lack.