Los conflictos jurídicos que conlleva la elaboración de las escrituras públicas al omitir los requisitos de fondo y su valor jurídico.

Abstract

Currently in the Province of Santa Elena has been observed an increase in lawsuits against public Notaries and Registrars of Property for a judge to resolve annul or not the acts, facts or contracts contained in the different notarial documents, as are the public deeds, and to annul the respective inscriptions of such acts or contracts, for the alleged vices and nullities in the elaboration of the different public deeds by an inobservance in the requirements that the pertinent legislation requires for the validity of the aforementioned notarial documents. The purpose of this work is to recognize when a notarial document suffers from vices, which violates the validity of the same notarial instrument, our legislation in its various legal bodies establishes that it is the public scriptures, which are the Fundamental requirements for the existence of these notarial documents, and the procedure to be operated in the ordinary justice when these notarial documents for lack of some solemnity entail nullity, as well as the civil and criminal responsibilities of the notaries. For all the foregoing, this work of investigation is limited to distinguishing the causes of nullity established in the Ecuadorian Civil Code and in the Notarial law, the penalties that the declaration of nullity would entail to the notary, the legal actions contemplated in the General Organic Code of processes, being able to be these prevented if there exists a normative that meets and synthesize all the requirements of background and form in the exercise of the Ecuadorian notary.