El notario como servidor público. Un análisis a partir de la LOSEP.

Abstract

The study is aimed at determining the legal nature of the notary in accordance with the Ecuadorian regulations. For such purposes, it is indicated that the notary ends up exercising a hybrid function, being deprived of all the responsibilities that emanate from the regulatory framework such as being responsible for the expenses of the notary, even of the workers before whom he acts as an employer and responds for his acts that, in good or bad faith, cause harm. The data that allowed to substantiate the above were obtained through a methodology that involved theoretical methods such as synthetic and qualitative analytical methods, while the empirical methods were the documentary analysis, the interview with notaries and lawyers, in addition to the comparative legislation taking Peru as a reference. and Spain. With this, it was founded that the notary, even if he presents himself as a public official, cannot be seen as such because of the responsibilities he has as a private person, distinguishing himself from other public servants. On the other hand, it is argued that distancing the notary from the private sphere requires gradual changes, taking into account the proposal raised to immediate needs arising from the current situation in the country, offering them greater guarantees in the exercise of their public function.