El divorcio consensuado en sede notarial.

Abstract

The research work entitled, "The consensual divorce in Notarial venue", has in all its content; the following objectives that served as a guide to carry this research to a successful conclusion and they are: To carry out a theoretical, practical and legal analysis of the regulations for the processing of consensual divorce in a notary's office in Ecuador. Based on the constitutional, legal principles of the inherent faculties of the notary, as a man of faith in our legislation; to determine if the consensual divorce in notarial venue guarantees the rights that are embodied in the Constitution 2008; to examine the content of art. 18.22 of the Notarial Law, in order to raise a notarial procedure for consensual divorce; to substantiate whether the lack of a specific procedure for consensual divorce in notarial venue violates rights such as legal certainty. The research is based on a problem where the reform of the COGEP is analyzed, since the Reformatory Law of this legal body, manages to increase the faculties of the notaries allowing them at present, the processing of divorces or dissolutions of de facto unions, even if there are minor or dependent children, having as only prerequisite that the questions of visitation, alimony and custody are solved, but the biggest problem is that in the reform there is no established procedure for the processing of consensual divorces; the research has its due justification, because it analyzes a current problem, which has not been addressed by the entities that regulate the notarial activity, and to make known to the reader the questions that revolve around this problem related to compliance with the provision of the reformatory law to COGEP, a problem that has managed to bother the notary, to carry out the processing due to the fact that there is no clear and prior procedure for such processing; In the theoretical framework, reference has been made to the great postulates of the jurists knowledgeable in the matter, such as the origin and history of the notary and the notary as a man of faith, in the same way, a very good theory on the functions of the notary, divorce and a whole theoretical scaffolding referring to the subject of research is addressed. This work has in its content the methodology that I accompany to be able to establish the concrete steps in this investigation; it also contains an analysis of the field investigation, which was carried out with the purpose of understanding where this legal vacuum is born, to conclude it has its proposal accompanied by the respective conclusions and recommendations, which are already the result of an investigation carried out both theoretically and in the field, in the same way it concludes with a bibliography and annexes.