Reposición y validación de escrituras públicas o documentos notariados cuando no firmó el notario.

Abstract

This study has been carried out in order to: Determine the procedures for the replacement and validation of public deeds before the current Notary, when the matrix is not signed by the previous notary. Through a non-experimental investigation, explanatory and documentary, with the use of theoretical and empirical methods. Performing a documentary analysis of the notarial law, the General Organic Code of Processes, as well as the Organic Code of the Judicial Function, finding that there is a need to establish clear and abbreviated procedures that lead to the validation and / or replacement of a notarial document in the protocol book when there is a lack of the Notary's signature. In addition to conducting the interview, it was clearly known that if there are cases of not signing the Notary, and the procedures for validating a public deed are cumbersome that have a long duration and a high cost, to receive a favorable sentence. As conclusions, the notarial protocol is important for the operation of the notaries, guaranteeing legal certainty, there is a need to have an abbreviated procedure that allows the validation and replacement of notarial documents such as the public deeds found in the books of protocols and that do not have the signatures of the notaries who authorized them, so it is important to consider a reform of the notarial law that makes it possible for the Notary to be authorized to perform the validation and / or replacement of the deeds public with clearer and more direct procedures.