Los derechos de las personas con discapacidad intelectual y la labor del notario.

Abstract

The following paper evidences the importance of the role of the notary respect to the services from notaries to users with an intellectual disability. Its analysis will be focused on the fundamental, constitutional and legal rights of these individuals in the Ecuadorian legal regime. The rights of people with disabilities have been spread, in this context, the international law issued on behalf of them aims to achieve a genuine respect and full development of their skills. Thus, the objective is to validate if the way in which notaries evaluate the legal capacity to act of people with an intellectual disability must be regulated or the law must be limited to a specific percentage of disability so as not to sign contracts conferred to that official. The applied methodology for the obtainment of information sources was the analytical method; the deductive method was used, which goes from the very general to the specific aspects of the issues raised by this paper; and, the empirical methods were used during the interviews with notaries. The Civil Code regulates the legal capacity to act of people but it does not stablish how the capacity to act of people with intellectual disabilities will be assessed, which creates difficulties in the notarial practice. In the last part of the research, it is justifying the fact that a normative provision which regulates the legal capacity to act based on their percentage of intellectual disability is needed.