El matrimonio en sede notarial análisis desde la doctrina.

Abstract

In Ecuador, the celebration of civil marriage is the responsibility only of the National Directorate of Civil Registry, Identification and Certification despite having notary powers in matters related to family law, based on the above considering that they can even celebrate divorces. The general objective was to analyze the doctrine of the solemnization of the marriage contract as a notarial competence. The methodology was developed under a qualitative approach, carrying out a documentary investigation that involved the consultation of doctrinal bibliographic material and also a field investigation through interviews with heads of the National Directorate of Civil Registry, Identification and Certification, in addition to five notaries. Among the results, it was determined that the Civil Registry officials, for the most part, support marriage at the notary headquarters while the notaries fully approve the enjoyment of this attribution as a way to contribute to the efficiency of access to a public service where, despite being a right, there are problems regarding the availability of dates. Notaries indicate that they have the resources to perform these acts, there being a single impediment and that corresponds to the regulatory framework where the celebration of marriage does not appear among their powers, presenting a reform to article 18 of the Notarial Law concluding that, passing its validity, there will be the express will of the parties in writing before the notary.