La declaración de Interdicción por discapacidad como nueva función notarial.

Abstract

The request for interdiction for people with mental disabilities is carried out before a judge in court, in a summary trial, with a single hearing, to declare a provisional interdiction, and appoint an interim curator, who will carry out the representation in court, then the evacuation of evidence and the holding of a single hearing, unique for the declaration of the definitive interdiction and the appointment of the curator, a process that lasts approximately eight months. In this sense, the use of a more expeditious option is proposed, such as the voluntary jurisdiction, which is initiated by the will of the parties. Therefore, the notary, who performs different functions, including giving public faith to the acts, is the one indicated to authorize the procedures of voluntary jurisdiction without losing legal certainty. The objective of this research is to analyze the declaration of Interdiction due to disability as a new notarial function. As a methodology, it is a qualitative-descriptive research, carrying out a documentary analysis, through the application of an instrument, interviews are carried out. As results, the guarantee in the Ecuadorian legal system with respect to people with disabilities is pointed out, but in the application of the law, it is necessary to take into account alternative forms such as voluntary jurisdiction, to make the declaration of the interdiction more expeditious.