Importancia de la firma electrónica en los actos y contratos notariales.

Abstract

The notarial service is a legal right protected by the Ecuadorian legal system, whose objective is to provide legal security to those who require this public service. Due to this circumstance and since the State is its sole owner, it is in charge of regulating it and determining who can exercise it to fulfill its objective, provide legitimacy, legality and give sufficient form to the legal acts and contracts that people need to carry out to grant solemnity. and their legal validity. In this sense, the importance of notaries lies in applying public faith to acts and contracts, hence the objective of this paper is to establish the importance of validating the electronic signature of the documents used in Notarial acts and contracts. Due to the fact that currently the documentation that is issued within the administrative, legal, commercial, notarial processes, among others, is electronic, for which it must necessarily have an electronic signature, which is legally recognized in Ecuador by the Trade Law Electronic, Electronic Signatures and Data Messages and has the same validity and effects as a handwritten signature and will be admitted to evidence in court; based on the Twelfth transitory provision of the Humanitarian Support Organic Law, the Plenary of the Council of the Judiciary issued Resolution 075-2020 implementing some acts, contracts and proceedings that Notaries nationwide can carry out through the use of electronic means and where the use of the electronic signature is incorporated.