Las competencias de los notarios en materia familia.

Abstract

The notarial function is in charge of a set of competences within family law, several related to marriage, such as marriage certificates, dissolution and liquidation of the marital partnership, divorce, de facto union and the process for its termination, as well as the authorization of the voluntary emancipation of the adult minor child. However, there is the problem that the celebration of the marriage has not been attributed to the notary, which is incomprehensible, because it is an official invested with public knowledge knowledgeable of the law, suitable to assume this competence, as it has been possible Observe in the experiences of other laws such as Spain, Colombia and Cuba that contemplate marriage at the notarial headquarters. For this reason, the objective of the investigation is to analyze juridically and doctrinarily the powers of notaries in family matters and determine the legal viability of implementing marriage in notarial headquarters in Ecuador. The methodology applied includes scientific theoretical methods such as Legal-Doctrinal Systematization, Analysis-Synthesis, and empirical methods through instruments of documentary analysis, comparative legislation and interview. The results determine that in Ecuador there is a social, legal and procedural need for the notarial marriage to be implemented, reaching the conclusion that the National Assembly is required to make a reform to the Notarial Law, Civil Code and Organic Law of Management of Identity and Civil Data to incorporate marriage as a new attribution and competence of public notaries