La validez y eficacia jurídica de la certificación de documentos materializados y desmaterilizados autorizados por el notario público.

Abstract

The State has a fundamental obligation to provide and guarantee legal safety for the effective enforcement of human rights and fundamental freedoms of the members of society. However, this may be affected by the technological evolution of these years. We can easily find the information we need in electronic media, but we may have doubts regarding the validity of the electronic documents and the ways of certifying them. Therefore, the objective of the present investigation is to determine a Notary process for electronic certification in materialization and dematerialization and the legal security they provide. The methodology applied within the present work of research includes methods like historical-logical, legal systematization – doctrinal-analysis and synthesis. As well, at the empirical methods, documentary analysis was performed within current legislation and a legislation study compared with interviews to Public Notaries of the canton Cuenca. The importance of this research work arises in the need of recognizing the legal validity of the procedure of certifying the electronic document by the Public Notary. In conclusion this research concludes that the function of a Notary should not only be limited to materialize or dematerialize a document, but also to ensure that the essence of the document does not vary the product of its transformation.