El divorcio notarial y la intervención del notario para solucionar la tenencia, alimentación y visitas de hijos dependientes.

Abstract

The project is aimed at notarial divorce and the intervention of the notary to solve the possession, feeding and visits of dependent children. It should be noted that in Ecuador notaries can intervene in the celebration of divorces; however, they do not have the authority to act in the solution of these aspects that must be managed by judicial resolution or mediation, the latter being similar to the notarial function. This limitation reduces the efficiency of a procedure whose purpose was to reduce the procedural burden of the courts and improve the experience of the users, carrying out a methodology for data collection based on the theoretical inductive and synthetic analytical methods; and in documentary empirical methods, the interview with judges, lawyers and notaries, in addition to comparative law, taking as a reference the Spanish, Cuban and Colombian regulations. The findings support the intervention of the notary as a mediator in the solution of the possession, feeding and visits of minor or dependent children with similar characteristics to traditional mediation, the notary being an official with solid knowledge in law, in addition to experience in its exercise that allows it to advise the parties within the reach of a satisfactory agreement and in accordance with the law, supporting this attribution in a reform to the Notarial Law with reform provisions to the Arbitration and Mediation Law.