La seguridad jurídica en los lineamientos generales del procedimiento notarial establecido en el numeral 29 del art. 18 de la Ley Notarial.

Abstract

Legal certainty constitutes one of the highest purposes of the rule of law and therefore an inevitable and mandatory value, however it could be affected because of the new powers conferred on notaries, as is the case with the power established in Numeral 29 of article 18 of the Notarial Law “the approval of the constitution and other acts inherent to those of civil and commercial companies”, there are no clear procedural guidelines regarding its procedure, documentation and requirements, motivating the objective of analyzing legal certainty in general guidelines of the notarial procedure with the power to approve civil and commercial companies. Documentary analysis methods of the current legal framework, regulations related to the object and field of study were used, based on the competences previously held by civil judges, as well as a study of comparative foreign legislation. As a result, the notary public is the entity charged with the ability to give public faith about the acts and documents, who to guarantee the legal security of the assets and legal acts of civil and commercial companies must have a standardization of notarial procedures. It is concluded that this need to generate a regulated, clear and unified procedure that covers all aspects related to the attribution conferred on the Notary Public, must reflect the applicability of said attribution, making it legally viable, the same that would serve all those involved in the process, such as users, lawyers and notaries in general.