El notario y la jurisdicción voluntaria en el COGEP, una propuesta de reforma para incluir al matrimonio como una de las nuevas atribuciones del notario.

Abstract

The Voluntary Jurisdiction, has brought, in addition to a regulation of this matter, different news. One of them has been the regulation of matrimonial law, where the extension of the range of competent officials to transmit the marriage act appears as the main novelty. Among the officials who are authorized to do so, notaries gain special importance, who adding these new competences to those they already have before, undoubtedly has a very important function, added to the fact, that they can expressly contribute their knowledge, in the application of such acts. This, without a doubt, reveals the evolutionary tendency towards the autonomy of the will in marriage, which has meant a new advance in this direction, but limited to the issues that, or can be considered as voluntary jurisdiction, or its premise Main: the absence of conflict. This adds to a social evolution that contemplates changes in the way people get married, like the one referred to, to the same-sex people. This research intends to make a proposal as to a proposal for reform to include Marriage as one of the new powers of the Notary, to conduct a study, documentary deductive, which allows obtaining the necessary elements, according to the objectives set in the investigation.