La recepción de pleno derecho prevista en la Ley Orgánica del Sistema Nacional de Contratación Pública y el debido proceso. Propuesta para la determinación de un procedimiento adecuado.

Abstract

In Ecuador, the activity of notaries is governed by the Notarial Law, which establishes the powers that can be fulfilled as auxiliary bodies of the Judicial function, since Article 18 of the aforementioned Law determines which are the exclusive attributions of these officials. However, the Organic Law of the National System of Public Procurement, gives them the power to intervene in the process of receiving administrative contracts, notifying the contracting entity or the contractor, when there is silence about the request to comply with the reception of the contract, in these cases the notary intervenes at the request of the party, making a notification, so that it operates in this way the reception of the contract, generating a reception in full right. In this work, it is important to determine whether the regime established in Ecuadorian legislation is sufficient to regulate the reception of full rights or if there are limitations that put at risk the due process and the principles that govern the notarial activity, for this a bibliographic analysis is developed, doctrinal and legal, which is strengthened with the opinions of notaries and lawyers. All the information collected allows the end of the work to present conclusions, recommendations and a proposal.