Responsabilidades civiles de los notarios en el ejercicio de sus funciones.

Abstract

The antecedents that are addressed in this study are comprised of notarial civil liability where the problem in evidence is that in various processes in which nullity of public deeds or contractual breaches is demanded, the notary is sued, which should not always be the case. , since there are acts in which the element of responsibility of the notary cannot intervene. In relation to the general objective, this consists of analyzing the theoretical and methodological assumptions of the civil liability of notaries regarding the demands for the nullity of public deeds based on a correct application by the administrators of justice. Regarding the methodology, the qualitative modality has been used, which has been carried out with some references of a doctrinal nature, a review of comparative legislation, case studies and analysis of interviews with professionals of notarial and civil procedural law. Thus, the results of the investigation regarding the review of comparative legislation corroborate that not in all these types of lawsuit there is notarial liability, the same in the case studies. While, the interviews allow us to recognize that there is a need to introduce reforms that in effect adjust to the procedural reality as much as it was reviewed in comparative and Ecuadorian law to determine that not only does the notary have responsibility, but also some cases of demand Due to the nullity of public deeds and contracts, they correspond to actions or omissions of the contracting parties.