La función notarial como acto propio.

Abstract

It is indefensible that the fact that the notarial function carries out a transcendental role in the daily activities carried out by citizens. Contracts, commercial agreements, among other acts, are celebrated daily in the different notaries around the country. Hence, the notary, as notary, have authenticity such agreements and ensures that they go in accordance with what the law says. In accordance with the Ecuadorian Constitution of 2008, the notarial function or service is contemplated within the Judicial Function. In that sense, it plays a fundamental role in the preservation of legal security. In fact, the changes established in the Constitut io n established changes in the legal order. As of that moment, the notary was considered as an official organ of the judicial function, while the notarial function began to be considered as a public service (Delgado, 2015, p.8). All the institutions that exist today are the result of a need at a given moment in history. In this context, the notarial function is also integrated as an act of its own. In fact, the existing bibliography indicates that the beginnings of the notarial function are limited to the deals of commerce and real estate traffic. That is, the social reality itself, which is becoming more complex every day, has required the creation of different institutio ns, including the notarial function, but not as a law, but as a social necess ity. For all the above, this research seeks to mitigate the ambiguities of the notary in Ecuador, an activity that other research has placed between public service and private practice. (Delgado, 2015). Consequently, an effective notarial law that guarante es the public faith that the State grants to public notaries in the exercise of their functions is imperative.