Publicidad en las participaciones extrajudiciales de bienes hereditarios en sede notarial.

Abstract

This complex examination project is based on the treatment of the Notarial Function, which has had great changes. The new attributions of the Notaries have transformed the Ecuadorian legal system, in spite of this, many notaries consider that various tasks that are performed in other entities of the Ecuadorian legal system could be carried out at a notarial seat. Based on the foregoing, the need to grant certainty to the act of voluntary partition made by the heirs was considered as a research problem, through the publication of the notarized document containing it, asking the following question: How to contribute to the notarial function , assume the processes of publication in the voluntary adjudication of hereditary assets in notarial headquarters, without the need to resort to another instance of the legal system ?. The general objective is to determine the obligatory nature of the publicity of the hereditary partitions at the notarial headquarters, to propose a reform of the notarial law. The principles of notarial publicity, legal security, inheritance, awards and partitions are analyzed to theoretically base the study and the proposal presented; Theoretical and empirical methods are applied to reveal the relevance of the problem and work on the proposed solution. Given the legal certainty that the state must provide, I consider it pertinent to submit a reform to numeral 37, article 18 of the notarial law, which establishes the obligatory nature of the publication of the awards and partitions of hereditary property in notarial headquarters.