Los funcionarios notariales y la inobservancia al procedimiento de la extinción del patrimonio familiar (Art. 851 del Código Civil Ecuatoriano).

Abstract

The present graduation’s work under the modality of complex exam to get the degree of Magister in Notary and Registry Law, titled "The Notary Officials and the non-observance to the Procedure of the Extinction of the Familiar Patrimony (Article 851 of the Ecuadorian Civil Code)" Its objective is to analyze the concepts of that figure and its causes of extinction expressed in the article ibídem, with respect to the due processing by the current Notarial function. Through the analysis of the regulations established in relation to the subject in the Republic of Ecuador’s Constitution , the Civil Code and the Notarial Law as well as its reform laws, the General Organic Code of Processes, and the interview with the notaries of Manta’s City , it was determined the need to reform the Civil Code to add a fifth cause that facilitates the lifting of the Family Patrimony invoking the prescription for compliance with the term for which it was created at the time, and provided there is no debt or other encumbrance affecting the property of the good.