El mandato en la práctica notarial : la notificación de la revocatoria al mandatario.

Abstract

The following paper addresses the doctrinal and legal background regarding the mandate figure in Ecuador. The same despite being regulated in different legislations around the world, it creates legal problems during the implementation that require being solved. The purpose of this research is to analyze the source of reforms to the Civil Code and the Notarial Law in order to be able to revoke the mandate effectively while the rights of the principal and the agent are guaranteed in notarial practice. The analytical method is used to approach the mandate and its revocation through the development of the bibliographic and juridical sources; the deductive method is also used from a general analysis of the sources to the achievement of the regulation of the mandate in the Ecuadorian legal regime; and, the empirical methods is used during the interviews with notaries. It is concluded that a regulatory and technological update that allows the right to revoke the mandate by the principal and the right to know the revocation by the agent is required in notarial practice.