La notificación en sede notarial.

Abstract

The legislation guarantees legal certainty, and respect for due process, through the exercise of mechanisms contemplated in the Constitution of the Republic of Ecuador, and pragmatically, in the various laws promulgated, in a timely manner, the Notarial Law, contains the budgets legal for the unrestricted application of the law. We contemplate the Notarial Notification, of specific acts, that we have to analyze in this work, and that make notaries, effective and efficient auxiliaries of the judicial function, without this denaturing the figure of the Notary Public, however, the aforementioned law It does not contemplate a clear procedural scheme, on which the actions of the official can be based on the notifications, and although this is executed observing the rules established by COGEP regarding the citations, made by a secretary, this does not provide guidelines clear when we are in practice. From the analysis carried out, not only of the current Law, but also of the different study tools in which we have supported this research, such as accessory laws, doctrine, comparative law and interviews, we have been able to reach several conclusions, which will be expressed in the recommendations, to create a Regulation to the Notarial Law, that regulates the procedure of notarial notification in our country, and that guarantees the observance of legal certainty and due process, with the main purpose, that, due to the lack of this, there are no nullities regarding substantial solemnities that affect the right to defense.