Las nuevas atribuciones registrales para notarios.

Abstract

The notarial legislation in force in Ecuador gives notaries the exclusive power to register lease contracts, for which each notary must keep a numbered and chronological file, which in theory creates difficulties regarding the principle of publicity and the right to legal certainty to the extent that there is no interconnection between the notaries belonging to the same canton where the property object of the contract is located, and therefore the parties do not have the full support of the legal system at the time a conflict arises between landlord and tenant. To this must be added that in the case of housing rentals, in most cases a verbal contract or a private document is made without going to the notary, which also threatens the legal certainty of the parties. From these difficulties, the creation of an interconnected system between the notaries of the same canton is presented as a proposal, which would guarantee the principle of publicity inherent to the registry, and the certainty that the same property would not be leased more than once to different people.