Análisis y estudio comparado con los países que se encuentran en América del Sur, sobre la liquidación de sociedad de bienes o de la sociedad conyugal ante notario, a petición de las partes y de mutuo consentimiento, en el mismo acto del divorcio.

Abstract

The present research work carries out a doctrinal study of the legal status of liquidation of a general partnership or termination of community property regime in Ecuador and Comparative Law, in countries across the region. To this effect, it includes the criteria of various authors regarding notarial activity and the elements it encompasses, a theoretical study on liquidation of a general partnership or termination of community property regime and its legal regulation in Ecuador. An investigation is made on a reform accomplished on 2016 to the Notary Public Act regarding powers of notaries public, set forth in Article 18, numeral 22, concerning divorce proceedings, establishing that in the same act of dissolution of the marriage bond, upon request of the i nterested parties and by mutual consent, the Notary Public will liquidate the community property or settle joint ownership of property. A study conducted on the previously mentioned legal institution, in countries across the region, mainly: Colombia, Peru, Bolivia, Argentina, Uruguay, Paraguay, Brazil, Chile, and Mexico to prove that in any of them, except for the Brazilian regulation, when divorce is formalized, termination of community property regime is not settled in the same act. This is accomplished before or after the separation, and these proceedings are fulfilled subject to time and place, which is the basis to propose a revision of Notary Law in force.