Determinación de los criterios aplicables en la comparecencia de los actos notariales otorgados telemáticamente para que no afecten su validez.

Abstract

The research focuses on the criteria that allow for the validity of telematic notarial acts, guaranteeing their legal validity and strength. The study used a qualitative exploratory methodology, employing documentary review and regulatory analysis as strategies for the study, but also incorporating a case study. Regarding the relevance of the validity of telematic notarial acts, the approaches considered are those based on international standards, Ecuadorian regulations, and legal opinions, based on the importance of other issues such as interoperability and mandatory certification. It is evident that Ecuador has the regulatory aspects to implement telematic notarizations with the respective adaptations. Regulations such as the eIDAS regulation established by the European Union or the UNCITRAL model laws provide frameworks to ensure the identity, consent, and validity of expanded notarial acts. These results are limited by a series of regulatory obstacles, including the limitations of the Ecuadorian Civil Code itself due to the lack of regulation of notarial videoconferences. The SINPLU system allows for advances such as the use of digital signatures and verification codes, but there are gaps regarding legal extensions. The proposal involves harmonizing the legislation governing national regulations with international standards and interpreting the wording of "presentiality" in the Civil Code.