Inseguridad jurídica en la aplicación del requerimiento para constituir en mora en el Ecuador.

Abstract

The present investigative work deals with an exhaustive analysis of the institution of notary law, specifically about the faculty granted as of 2015 with the promulgation of the current General Organic Code of Processes, and the reform to the Notary Law, which gave the notaries the possibility of expanding their functions and power in such a way to constitute the debtor in default through the request of the petitioner creditor. The aforementioned faculty was prepared to comply with the notaries, however, the corresponding procedure to prosecute the act was not established. That has not supposed that the nonexistence of the constitution in default in Ecuador, but for its part that; it is carried out according to the self-dispositions of each notary, in the absence of a procedure. This, in synthesis, supposes a legal vacuum that has caused a feeling of uncertainty regarding the proceeding of the act of constitution in default. Legal insecurity has been covered with the application of constitutional rights and other related norms. Being that justification for the performance of the act. Therefore, through this research work, the practices used by the notary will be reviewed from the science of law.