La intervención del notario en la solemnización y terminación de las uniones de hecho.

Abstract

The present study was aimed at evaluating the intervention of the notary in the solemnization and termination of de facto unions, being able to show that, although there have been improvements in the regulatory framework that have popularized these unions that generate the same effects as marriage, in addition to responding to new trends in society, it is important to know how the notary's intervention in these acts results and how it can be strengthened. For this purpose, the study involved the use of theoretical and empirical methods, considering in the first group the inductive deductive and the analytical synthetic, while in the second group there were the documentary analysis, the interview and the comparative legislation where the Colombian normative framework was taken., Peruvian and Argentine. Through the results obtained, it was evident that the Ecuadorian regulations regarding de facto unions, both to declare their existence and for their termination, prevent the notary from intervening to solve aspects of possession, food and visits when there are minor children or dependents within of the de facto union, also not offering greater guarantees to the partner or permanent partner who, declared the termination of the bond, is unprotected. For such purposes, considering the recommendations of those consulted and the results of the regulatory analysis, a reform of the Civil Code and Notarial Law is proposed where financial compensation is allowed to the couple and also allows notaries to solve the aforementioned aspects.