La ética profesional notarial ante la fe pública del notario en los actos y contratos.

Abstract

As a precedent in this investigation, the abuse of some notaries in their activity is detailed, it has allowed various information to be presented with users in certain acts, in an unethical way their professional activity of investing Public Faith to authorize, diligence with their recognition of signature, in contracts of sale due to the absence of the appearance of the selling party, the notaries and notaries are depositaries of the Public Faith according to Art. 83. # 12 of the Constitution of the Republic “To exercise the profession or trade subject to ethics, leaving the principle of legal certainty inapplicable. The objective is to propose a bill to amend article 18 of the Notarial Law, in order to carry out a contract under the principle of ethics, thus complying with the appearance of the parties. The methodology used includes a Historical-Logical, Juridical Doctrinal study, with a qualitative approach, in addition to empirical methods in documentary analysis, comparative law; and, the interviews. The results in both studies highlight the limited actions that have been carried out as a criminal action, due to lack of appearance when authorizing contracts. As a conclusion, it is intended to design a notarial reform so that notaries can apply their attributions that the law confers on them, in order for them to act under the constitutional principles related to legal security, legality and effective protection.