Implementación de acta notarial para las diligencias de citación en procesos civiles.

Abstract

The purpose of this paper is to suggest the implementation of the summons and notarial execution in civil proceedings, seeking to use the notarial act as a mechanism of procedural speed allowing the plaintiff to ensure that the defendant has been summoned and on the other hand the defendant may make use of his right to defense that to that extent has been violated. We will address the background of the summons, from the doctrine and the General Organic Code of Processes, also the functions of the notary and his historical background. We have considered this option taking into account that the Notary is considered as an auxiliary of the judicial function and an authorized notary therefore with his sole signature the judge can ensure that the process lacks defects in terms of the summons of the defendant and if he does not appear at the process it will be under his own responsibility.