Designación de curador para segundas y ulteriores nupcias en vía notarial.

Abstract

The objective of this research project is to analyze the appointment of special guardians for second and subsequent marriages by a notary. First of all, the appointment of special guardians for remarriage takes place in the courts applying ordinary justice. Therefore, such a resolution will take between thirty and forty-five days, not to mention the procedural expenses involved in this trial. Therefore, the State must seek new alternatives to implement with efficiency and agility by granting notaries the appointment of special curators for second marriages, achieving a judicial decongestion by applying the following principles to ensure legal certainty, effective judicial protection, the principle of deconcentration, the principle of impartiality, procedural economyand principle of procedural celerity. The general objective is to reform the Notarial Law and give new powers to the competent notaries in Ecuador since the procedures under the notarial modality can be expedited in twentyfour hours, giving space to the operators of justice to carry out other procedures of higher hierarchy. The research is historical, descriptive, and explanatory. Finally, it is important to mention that notaries are the auxiliary organs of the administration of justice investedwith public faith, applying the principle of procedural celerity in the acts and contracts required by the Law, since it is the ideal figure to grant the power to appoint a special guardian for second marriages, thus materializing the rights and legal interests of Ecuadorian citizens.