El sistema notarial ecuatoriano y la seguridad jurídica en relación con los actos y negocios electrónicos.

Abstract

The present research work seeks to explain how the demands of an increasingly globalized world face law as the regulating entity of social relations. In recent years, Information and Communication Technologies have had a modifying impact on the way in which information is accessed, these changes have had an impact on all professional branches, without exception, and have involved mechanisms for adapting to this new reality. The New Technologies of Information and Communication have imposed new challenges and, as it could not be otherwise, they have also created a more complex, but democratized reality with respect to access to information. This new reality is not only technological, but also sociocultural, so it is linked as fields such as economy, politics and the legal system of each State. Among the institutions, principles and branches affected by these technological and sociocultural changes is the notary public, from which the figures and concepts of Notary, Notarial Law and Legal Security emerge. This last concept is derived from the very genesis of the Notarial Function whose essential task is to process the requirements of those who come to it. Rodríguez (2016), referring to Legal Security, states that "the only way to perpetuate wills is by means of capturing facts, so that they can later know their content, preserve it in an enduring and transcendent manner" (Mora, cited by Rodríguez, 2016). In this sense, the constant technological changes that the world is going through require new ways to preserve human events, that is, new means of durability that, unlike physical ones, their form of presentation is virtual. Now, faced with this accumulation of changes that the current context obliges to implement, there is uncertainty or, more specifically, a kind of notarial fear in what refers to Legal Security. Precisely, the function performed by the notary is defined by the legal security that guarantees society, so that technological changes generate particularly doubts about security in legal business, doubts that require answers to prevent difficulties that are generated by the existence of normative gaps. That said, this academic work supports the thesis that the use of technology in the Ecuadorian notarial system is beneficial as long as the Legal Security does not run any risk, hence the need to make the necessary adjustments to the Ecuadorian legislation so that Legal Security is not undermined by the use of documents and electronic signatures as mechanisms of innovation and speed in notary processes, especially in electronic business.