La responsabilidad civil del notario en la simulación de compraventas inmobiliarias.

Abstract

This investigation addresses and analyses, in eight chapters, the function of the notary, and possible sources of civil responsibility in the matter of simulated deeds in relation to one of the most important public documents authorized by them: the conveyancing of real estate property. Ecuadorian Notarial Law prohibits notaries from knowingly authorizing documents intended for fraudulent purposes. This is a complex topic in that frequently they become involved in alleged breach of their duties, or ignorance of such legal regulations as may apply, leading to, inter alia, payment of liquidated damages, and criminal responsibility, and also dismissal, addressing situations which lack clear procedures for resolution of the falsity and thereby their responsibility, and thus having to exercise their function in an environment of insecurity and demotivation, in view of the fact that irregularities, and, in this case, those relating to conveyancing, are one of the prime causes of unease or discomfort in relation to notarial duties, the adoption of preventative measures in the face of such activity and, at the same time, the protection of the notarial function and financial situation, becomes a necessity. For this reason, the general objective of this investigation is to juridically analyse their civil responsibility and those possible activities which may result in a legal action in which a business transaction, which appears genuine, occasions claims, and even dismissal of the public functionary. The methodology applied has a qualitative focus, with the objective of describing circumstantial characteristics, with analysis of the regulations, using empirical methodology, based on notarial practice and inquires.