La tenencia voluntaria de hijos menores a uno de los padres mediante sede notarial.

Abstract

The research work entitled, "The voluntary possession of minor children to one of the parents through a notary office", has in all its content; the following objectives that served as a guide to be able to carry out said investigation to a successful conclusion and are: To analyze legally and doctrinally the Ecuadorian legislation, with the purpose of determining the possession of minor children, by means of a voluntary notarial act, when the parents are free from marriage bond; Base the theoretical and doctrinal assumptions on the possession of minor children through a notarial act; Analyze the legal regulations in Ecuadorian legislation regarding the possession of minor children; Make a proposal for legal feasibility and the advantages of having minor children through a notarial act, reforming article 18 of the Notarial Law. The research is based on a problem where there is a fight for the possession of minors, currently in our society, we live in a world where we do not assimilate divorce or separation of couples as something normal, in large countries or developed countries this It is something normal, but in small countries or social groups they see it as something frightening, terrifying, prohibited, without thinking about the irreversible damage they are causing to minors, as a result of maintaining problematic marriages, with these attitudes they are indirectly violating the rights of minor children. In our jurisprudence, custody is at the mercy of a judge, but this has not fully solved the problems, on many occasions, it has caused a cruel and unfair fight between parents, fighting to want to live with their children, generating a fight or war, which is the breeding ground for domestic coexistence, and the children are the only ones who begin to suffer dramatic situations; The investigation has its due justification, since a current problem is analyzed, which has not been addressed by the entities that regulate notarial activity, which seeks to ensure that the possession of minors after divorce and separation of parents who it is a legal fact that occurs in society, when the parents and children that make up the family stop living together, tenure and parental authority is not shared between the father and the mother regarding decisionmaking in their upbringing , food, education, mental and physical health, customs, friendships, based on these precepts we seek that a custody of the minors by common agreement in a notarial office would avoid problems for the minor, of being questioned by the justice operators and a series of people unnecessarily involved in these matters, in this way even parents will have better communication to participate in the evolutionary development of minors; In the theoretical framework, reference has been made to the great postulates of the jurists understood 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 about the functions of the notary talks about tenure and a whole theoretical scaffolding regarding the research topic. Said 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 entire analysis of the field investigation, which was carried out with the purpose of understanding where this legal controversy arose, to conclude it has its proposal accompanied by the respective conclusions and recommendations, which are the result of an investigation carried out both theoretically and from field, in the same way concludes with a bibliography and annexes.