La aplicación de las Tecnologías de la Información y Comunicación para facilitar los servicios notariales.

Abstract

On the enforcement of the notarial service was created the “ Sistema electrónico notarial” to enter, have control, verify acts & contracts and assignments that have each notary, is still the same physical medium books. Although the approach of the notary activity to the community and the use of computer tools have been not simplified notarial procedures due to misapplication of the ICT and certain solemnities on the “Ley Notarial”. The globalization has gone beyond under that there are contractual obligation made by thousands of people daily through electronic device, which should be regulated by the law rules and have legal certainty in all its stages. Since the creation of the “Ley de Comercio Electrónico”and the implementation of the platform of the “ Sistema electrónico notarial” been more than 10 years where the law does not provide legal certainty to electronic contracts, neither has not allowed bring the services closer to the users causing the existing platform to be useless for the execution of the notarial function. We wonder if the notarial activity has been established in the current legislation to protects such complex transactions such as electronic contracts. As well as if the notary guarantees legal certainty in such contracts. These issues could be resolved with the implementation of the electronic notary which allows to provide legal certainty to legal e-business in addition saving resources and agility in the paperwork. Countries such as Spain, Chile, Mexico, Argentina, Uruguay, etc have begun with the implementation of electronic notaries, also known as cibernotariado or digital notary. Legal figures that have been using in other countries for the implementation of the e-notary, are the same that we have in our legislation, such as the electronic signature, electronic contracts and e-documents. We find that our country needs unification of legal rules, extension of powers to notaries and the use of existing technologic tools.