Análisis crítico de los concursos para designación de notarios.

Abstract

The objective of the study is to delimit the knots or critical aspects of the contests for the appointment of notaries in order to propose a regulatory framework that entails improvements for their application. For such purposes, the current situation of the processes will be analyzed, which are the weaknesses evidenced and analyze the existing critical points. As part of the methodology, the inductive and analytical synthesis method was missing, through the search for information in secondary sources such as books, scientific articles, legal bodies and others. On the other hand, a quantitative study will be considered through surveys, applied to experts and people linked to the application of regulations and monitoring of notaries within the Council of the Judiciary. Regarding comparative law, Spain, Colombia and Peru will be considered, which will show the deficiencies of the Ecuadorian jurisdiction and possible improvements. As part of the results, it was verified that the current process managed is not correct, there are weaknesses in the bidding processes, lack of training for applicants and current staff, lack of a respective follow-up on compliance in functions and lack of requirements in the qualification of applicants in the process of notarial contests. Finally, as part of the conclusions, the implementation of a reform is considered necessary, with the implementation of an Independent Technical Commission, training courses every five years, creation of a training school and regularizing the competitions based on the requirements established in the Article 299 of the Organic Code of the Judiciary