La necesidad de la "Unidad de acto notarial" en los actos notariales en el Ecuador.

Abstract

Our legislation speaks of the “Unity of Notary Act”; as the subscription of all the arts in unity time and place; this particularity was not a written norm in the past, but given the peculiarity of the jurisdictional act, it became common. There are notes and written reports of this act, from Ancient Egypt, 2500 BC, evets done in public Plazas, but nowadays, there are a series of peculiarities present, that prevent that in this jurisdictional business, all the parts to be present at the same time, which generates that the Ecuadorian Notary violates the law constantly. Given that the modern cities, new communication, the unending daily activities, and the velocity of transference of property counter pose. It is correspondent then to demonstrate that the subscription “En Unidad de Acto” described in the law "Unidad de Acto Notarial"(Unity of Notarial Act), is not an essential element for the subscription of it, and most importantly, its absence does not alter the formality of the Negociation. In doctrine, we can find innumerable amount of studies about “Unidad de Acto Notarial” (Unity of Notarial Act) unity of notary act, its tendencies and its need as a formal requirement of a Notary Act, but when we talk about its necessity of presiding this formality, there aren´t studies in edited books. Online nevertheless, there are several documents speaking of the inefficient need of maintaining “Unidad de Acto Notarial” (Unity of Notarial Act) in notary acts, given the current circumstances. The recommendation is that “we need a reform”, given the fact that the Notary is falling in a falsity crime, because in reality the “Unidad de Acto Notarial” (Unity of Notarial Act) is not fulfilled in every process. For which it is a necessity to adapt the Latin Notary Act to the needs of the current society; making it a necessity to provoke a reform in the Notarial Law, supported by the Notary Federation and the School of Notary´s to ensure the continuity of Notary Acts in a legal perspective.