El curador especial para segundas nupcias como función notarial.

Abstract

The new powers granted to the notary must be framed in the search for a reduction in the procedural burden in ordinary justice, and at the same time guarantee compliance with the principles of legal certainty, speed, procedural economy, judicial protection effective in order to guarantee timely access to justice. In this sense, the present investigation seeks from the legal perspective to open, through a legislative proposal, the expansion of the powers that the notary has in the Notary Law art.18; in the search for it to be the same person, at the notary office, who appoints the special curator for second marriages, given that this procedure is carried out in voluntary jurisdiction. In this sense, the study was framed under a qualitative-descriptive research methodology, carrying out a documentary analysis, performing a content analysis with previous studies. As a result, it was obtained that the expansion of the powers of the notary in matters of voluntary jurisdiction, such as the appointment of the special curator for second marriages, allows the procedural decongestion of the courts in civil matters, as well as to guarantee compliance with the principles of the principles. That are established in the Constitution of Ecuador, in terms of procedural speed, timely access to justice and guarantee of the right to legal certainty