El matrimonio como institución jurídica. Su celebración en sede notarial.

Abstract

This project focuses on the study of marriage as a legal institution, evaluating whether it is possible to celebrate it at a notary office within Ecuador. It should be noted that the Ecuadorian regulatory framework does not empower notaries to intervene in these voluntary contracts, despite allowing them to solemnize de facto unions, file divorces and the termination of de facto unions. The methods to collect the data were theoretical, involving the inductive deductive and the analytical synthetic, while the empirical methods were the normative analysis, interviews with key officials and comparative legislation, the latter taking as reference Spain, Guatemala and Costa Rica where Notaries are allowed to perform marriages. The analysis shows that it is possible for the Ecuadorian notary to intervene in these contracts, providing it with efficiency and also with greater advantages over the National Directorate of Civil Registry, Identification and Identification with respect to its programming at any day, time and place in the jurisdiction of the notary, proposing an amendment to the Notary Law and other regulatory bodies to grant them this attribution, delimiting their actions when the contracting parties appear personally before the notary or through special power of attorney.