La constitución del patrimonio familiar notarial sin autorización judicial.

Abstract

In the Ecuadorian Civil Code for the Constitution of the Family Patrimony judicial authorization is required, nevertheless, the constitution of the family patrimony was recently consecrated as notarial power. This resulted in legal uncertainty because in the Notaries we can not freely establish the family patrimony for lack of judicial authorization, which limits this act of will and I do not consider it appropriate to continue maintaining the judicial authorization to be able to constitute the family patrimony, since that this situation takes back the mission and vision of the organs of the Judicial Function. The referred legal norm, stipulates that for the act to be valid, there must be the authorization of the Judge and that the deed must have as its enabling document the ruling of the Judge authorizing the constitution of the Family Estate, this situation is studied and analyzed in my degree work and with the help of the lawyers who contributed to my research, I was able to translate a reform of the Notarial Law and the Civil Code into the hope that at some point it could be a reality.