Constitución del patrimonio familiar en jurisdicción voluntaria ante notario publico.

Abstract

It is important to note that the notary is the official vested with public faith and is also known as the auxiliary body of the Judicial Branch, which is responsible for holding acts and contracts that are brought to the attention of the general public, who come to Notaries at the national level in order to formalize the various non-contentious procedures allowed by law, that is, volunteers, through a public instrument that complies with the legal solemnities and that these in turn guarantee legal security. Through this research work has proceeded to conduct a study regarding the legal institution of Family Heritage, provided in our legal regulations as the Civil Code, which to be constituted requires a judicial authorization, which brings as a consequence its inapplication, since, at present, no person carries out this procedure due to its complexity and especially the lack of speed. However, it is clear that this legal institution has a purpose, which is to protect the family, understand, parents and children, with respect to third parties who want to affect it, therefore, it is unattachable, guaranteed the general welfare of its members, which is reflected in the Constitution of the Republic of Ecuador. In this sense, a reform to the Notarial Law is proposed so that the Notary has as an attribution to constitute the family patrimony in voluntary jurisdiction.