El sistema informático notarial y el impedimento de aplicación del descuento de servicios notariales a los adultos mayores en el Ecuador.

Abstract

The Notarial Information System in charge of the Council of the Judiciary presents a flaw that prevents the registration of the application of discounts for the use of notarial services in Ecuador, specifically in bilateral contracts. This situation presents a problem within the scope of notarial law, given that notaries nationwide cannot fully and fully comply with the right to the aforementioned discounts under the terms established by the Constitution, the Organic Code of the Judicial Function, and also by Resolutions 216-2017 and 029-2015 issued by the Council of the Judiciary itself, since this system does not allow it in digital form. Faced with such a situation, not only are difficulties on the part of notaries public in applying the discounts recognized to older adults, but also the penalty of dismissal provided by the aforementioned regulations weighs on them. The objective of this investigation is to present arguments where the Council of the Judiciary is oriented so that its computer system allows notaries to register discounts in favor of the elderly. Therefore, the results of this investigation determine that the proposal is viable. Regarding the research methodology, the qualitative modality has been applied due to legal and doctrinal orientation. The category is noninteractive because other people have not participated in the development of the research. Concept analysis design has been applied to study the main theoretical components of the research topic.