El divorcio notarial a partir de la reforma del Código Orgánico General de Procesos.

Abstract

The purpose of this research work is to induce the reader to the knowledge and analysis of one of the notarial competences regarding Family Law. Specifically, the notarial divorce in the light of the reforms that were implemented as a result of the promulgation of the third provision of the Reform Law to the General Organic Code of Processes, published on June 26, 2019. To then understand what is a competence Notary, it will be necessary to explain before you what the notary is, in some countries called a notary; his nature as a public official, now a public servant dependent on the Judicial Function, with his own powers, such as the independence in his decisions relevant to the position and employers regarding the personnel in charge and specific obligations, prohibitions and competences that are determined in the Constitution and other relevant Laws. It is necessary to highlight that there are two notarial currents: the Anglo-Saxon (common law), which is followed in the US. and in the Commonwealth of Nations and Latino (civil law), practically and with variations in the rest of the world. The divorce was introduced in Ecuador a few years after the liberal revolution of 1895 and its rules were stated in the Civil Code and the granting of a divorce or spousal break by law was carried out by the judge. Currently it is the competence of the notary who must differentiate between the heritage aspect and the personal or family.