Procedimiento notarial del divorcio y la terminación de la unión de hecho por mutuo consentimiento.

Abstract

As background in the present investigation, the procedural void that exists for the application of divorce and the termination of the de facto union, faculty granted to notaries, as a result of the promulgation of the Reform Law of the General Organic Code of Processes, through which was abolished from numeral 22 of article 18 the Notarial Law, the procedure to process divorces and terminations of de facto union by mutual consent at a notary office, leaving this new faculty legally inapplicable. The objective is to propose a bill that amends numeral 22 of article 18 of the Notarial Law, in order to process divorces and terminations of de facto union by mutual consent without children. The methodology used includes a HistoricalLogical, Legal Doctrine study, with a qualitative approach, in addition to the empirical methods in documentary analysis and interviews. The results in both studies show the limited actions of the notarial process in case of divorce and separation of union of in fact, there is no real concession that stimulates the free consent of the parties, without a mediation of the judiciary. In conclusion, it is intended to design a notarial procedure so that notaries can apply their power to process divorce and termination in fact by mutual consent, so that they act under the constitutional principles related to legal certainty, legality and effective guardianship.