La digitalización de la prueba en el derecho notarial : validez, eficacia y el rol del notario.

Abstract

The digitization of legal practice has led to an increasingly widespread use of electronic documents, data messages, electronic signatures, and digital media, which are then presented as evidence. In this context, Ecuadorian notaries face the challenge of handling evidence that is no longer presented solely on paper, but also as electronic files, contracts executed through digital platforms, electronic communications, or digitized copies of physical documents. However, the legal system lacks clear and systematic criteria for notary procedures in these situations, which directly impacts the validity, evidentiary weight, and legal certainty of the instruments they authorize. The central problem addressed by this research lies in the absence of sufficiently developed regulations and legal doctrine regarding notary conduct with digital evidence. This has resulted in disparate practices in the notarization of electronic documents, the incorporation of data messages and digital media into public deeds, and the issuance of copies and certified copies in electronic format. This is compounded by the frequent confusion between the notary's official function and the technical tasks of the computer forensics expert, especially regarding the verification of the authenticity, integrity, origin, and preservation of digital evidence.