El notario un servidor público en calidad y condiciones de privado.

Abstract

The study entitled the notary, a public servant in quality and private conditions, aimed to demonstrate that its legal nature in Ecuador is ambiguous and presents weaknesses in the economic, administrative and current management model. With the information collected, it was found that, despite being classified as a public official, they do not enjoy stability or other benefits of the Organic Law of Public Service LOSEP such as vacations, liquidation and others, failing to respond according to the Organic Code of The Judicial Function as employer before the people you hire, be responsible for administration costs, pay salaries to your dependents, being able to be subject to lawsuits without any support from the State. The aforementioned is also supported in the statements of the interviewees who emphasize the importance of the notarial function and who defend, in its majority, the approach of the ways that improve their working conditions. Based on the foregoing, the work concludes a Reform Project to Article 200 of the Constitution of the Republic of Ecuador, allowing notaries to have a longer term to exercise, in addition to the reform provisions of the Organic Code of the Judicial Function so as not to respond as employers to the Notary workers, thus partially eliminating their attributions as private.