Modificación de la ley notarial en relación al nombramiento de curador especial para contraer segundas nupcias.

Abstract

The present investigation had as general objective to propose modification of the notarial law in relation to the appointment of a special curator to contract second marriages, for this an analysis of the figure of the curator to contract second marriages was carried out, the advantages that it would constitute for the system were demonstrated. of justice and the parties that the appointment of the special curator to contract second marriages be made in a notarial office and a detailed proposal was made about the need that currently exists to modify the notarial law in relation to the appointment of a special curator to contract second marriages. nuptials. The methodology was based on the mixed approach, for which the quantitative approach was used at the time of carrying out the statistical analysis of the questions of the applied surveys, as well as the qualitative approach when analyzing the interviews carried out in depth and at the time of analyze the regulations contemplated in the Notary Law relative to the functions of the notary. The results of the investigation demonstrated the pertinence of transferring certain competences from the voluntary jurisdiction to the notarial headquarters, where the procedure to appoint a curator to contract a second marriage stands out. The investigation demonstrated through its results that the appointment of the special curator to contract second marriages carried out in a notarial office would be beneficial for the applicant since it would be carried out in a more expeditious way since in a court of law the process can take approximately one month while in a court notarial would be done in one day.