Constitución del patrimonio familiar, como atribución exclusiva del notario.

Abstract

This investigation to establish Family Patrimony, in notarial headquarters as a facilitator mechanism of the constituent to insure real estate of his property for his family, with the legal security granted by the Notary. The objective of the investigation is to propose a reform proposal to the Civil Code, Organic Code of Territorial Organization, Autonomy and Decentralization and Notarial Law, which authorizes the constitution of the voluntary Family Patrimony in notarial headquarters. The research methodology will be of qualitative approach and explanatory scope, using the theoretical methods: historicallogical, legal doctrinal systematization, legal - compared; for the investigation the empirical methods of: documentary analysis, interviews and comparative law will be handled. In the documentary analysis it was determined that there is a breach of the purposes of Family Heritage, from its definition, because this right is limited by the authorization of a Judge and, by its amount. With the criteria of three Notaries and three family law professionals, it was possible to know that some agree that voluntary Family Heritage is an exclusive attribution of the Notary and others in that this attribution is shared between the justice and the notaries. As culminations it has been proven that voluntary Family Heritage is an ineffective figure, to the point that its granting generates limitations, legal insecurity and non-compliance with the will of the constituent. Therefore, a proposal is proposed to reform the existing norm, so that the constitution of the voluntary Family Patrimony is an exclusive attribution of the Notary.