Responsabilidad del estado frente a la actividad notarial, derecho de repetición contra el notario.

Abstract

The notarial activity in Ecuador is located within The Judicial Function as an auxiliary body, as established by the Organic Code of the judicial function. By placing notaries within the judicial function they are granted the qualification of public officials, despite not being considered as such in all aspects that address notarial activity, among these aspects, cases of notarial responsibility. The notarial public must assume personally and respond with his patrimony regarding the cases where the notary responsibility is determined for a lack of action and the state does not have any type of participation in such cases. After conducting a doctrinal and normative analyses, it is determined that the notary in Ecuador is a public official, being located within the judicial function and giving him the attribution of knowing issues of voluntary jurisdiction, despite the fact that in practice they run on their own the facilities, equipment and office supplies and hiring of auxiliary staff to be able to carry out their activity, including the monthly remuneration of the notary does not depend on the state, however, when the notary provides a public service and being a generator of public funds, in addition to being regulated by the judicial council, which is the control body, it is proposed through this research work the probability the state responds in cases of faults in the notarial exercise, with the possibility of repeating against the notary involved .