Facultad del notario para constituir el derecho legal de uso y habitación a favor del cónyuge (ART. 190 CC).

Abstract

The present study analyzes the legal feasibility of a notary, within the framework of a consensual separation agreement of a de facto union in accordance with Article 190 of the Ecuadorian Civil Code, validly constituting the real right of use and habitation over the family home in favor of the custodial parent, without judicial intervention. The relevance of the topic lies in the need to guarantee the best interests of the child, optimizing notarial mechanisms that provide agile and secure solutions in cases of dissolution of cohabitation. The main objective was to determine whether current legislation expressly or implicitly grants the notary such authority, assessing its compatibility within the legal system. The object of study focused on the real right of use and habitation and its application in contexts of family protection. The scope of the research included the analysis of the Notarial Law, the Civil Code, and related regulations. Methodologically, a qualitative approach was employed, based on documentary review and interpretative analysis of the law and legal doctrine. The results reveal legal gaps that limit notarial intervention, leading to the proposal of a reform that would expressly incorporate this authority. It is concluded that its implementation would strengthen legal certainty and the effective protection of minors in consensual separation proceedings.