El impacto de la fe pública en la firma electrónica para celebrar diligencias notariales vía telemática.

Abstract

As a precedent: in this investigation, the lack of legal security in safeguarding the public faith and the will of the parties at the time of receiving the acts and contracts with electronic signature of the parties and the notary, the legal vacuum that exists in the law e-commerce, signatures and data message. The objective is to propose a bill that reforms both the notarial law and the law of electronic commerce, signatures and data messages in such a way that the state legal security is deeply protected. The methodology used includes a Historical-Logical, Juridical Doctrinal study, with a qualitative approach, in addition to empirical methods in documentary analysis, comparative law; and, the interviews. The results in both studies highlight the limited actions of the electronic signature in notarial acts that address the achievement of the specific objectives set, since the analysis of the rule allows analyzing the content, limit and scope of the electronic signature, the public faith and the legal security in notarial acts for actions carried out electronically. As a conclusion, it is intended to reform the new provisions that were issued to the Notarial Law where they sought to offer new ways to celebrate notarial acts and contracts electronically only through electronic devices without the physical presence of the user, this is to give the speed of the case in time of pandemic and for safety.