Tratamiento notarial al régimen económico alternativo en la unión de hecho.

Abstract

The Constitution of Ecuador recognizes the family in its various types, among them the de facto union, which generates the same rights and obligations as marriage; in marriage, it is possible to agree another form of administration of the patrimony, allowing them to celebrate the so-called matrimonial settlements, in the manner established in article 150 of the Civil Code but for the de facto union the equivalent would be the alternative economic regime, determined in the same body normative, for this regime it is clear the faculty of the Notary to implement it but not the moment of its creation, its content, its legal effects and the way in which they originate. What motivates to address this problem, even more so with the recognition of the de facto union as a civil state as of June 2015, its holding is more frequent and at the same time there is a need to agree on a different form of property administration, if well with the emergence of the General Organic Code of Processes reformed the Notarial Law and established as exclusive powers to notaries those determined in Article 18 of that law, among which is to solemnize the declaration of the cohabitants on the existence of de facto union , as well as its termination; its solemnization implies the birth of a company of goods between the grantors, but a different patrimonial regime can be adopted for this nascent society, that although the law establishes the notarial way to formalize it, the determination of its form and content is ambiguous. This work analyzes this reality and reflects how the notary plays an important role, since according to its attributions it can or must establish legal solutions to these questions and in particular to determine a procedure that could perhaps be determined univocal from this investigation.