El matrimonio en sede notarial un análisis en el derecho comparado.

Abstract

Background.- Marriage in Ecuador is a legal institution guaranteed both in the law and in the Constitution, as a right of people to be able to form a family, the vital nucleus of society. However, both in the Civil Code and the Organic Law of Identity Management, it only empowers a single institution that legalizes it, which causes several problems when entering into nuptials. The marriage is currently subject to be held at the headquarters of the executive, restricting the constitutional right to freedom and the will of the people to choose before whom to celebrate this important act; as if it occurs in other legal institutions of similar importance, in accordance with the laws of other countries such as Colombia and Spain that have been applying notary-based marriage for some time. Although the right to access to marriage is guaranteed, since there is only one institution competent to legalize it, it does not allow offering a good service to citizens, causing problems when celebrating nuptials such as long waiting times. Objectives: General.- Carry out a comparative study of marriage at notarial headquarters, and its regulation in Ecuadorian legislation. Methodology: Qualitative research design, with exploratory, descriptive and explanatory scope, of comparative law. Results: From the study of marriage in comparative law, marriage with Notarial headquarters must be regulated, for a fact of guaranteeing the deconcentration of functions, guaranteeing efficacy and efficiency in public administration.