Firma electrónica y principio de seguridad jurídica en los servicios notariales de Ecuador.

Abstract

This article deals with the principle of legal security of the electronic signature in the notarial services of Ecuador, and the objective was to analyze the legal bases that guarantee its relevance and speed in the notarial legal traffic, through the description of the normative regulation in force in the Ecuador and the guarantee to user. The methodology used responds to a qualitative approach and was based on the collection of data without quantification; to interpret the facts, the analytical method, understanding, and hermeneutics were used; through surveys applied to 85 people, who correspond to the census sample of the 80 notaries of the city of Guayaquil, and of the users of these same dependencies in a daily shift. The questions were aimed at measuring the degree of user satisfaction regarding the legal security of the service after its implementation, as well as a comparative analysis of the same application in other countries. The result of this work shows the satisfaction of the users in the improvement of the services - especially the speed-, but they also expose their criteria with respect to the legal certainty in the conclusion of their contracts, since on the one hand there are the advantages to counteract computer crimes and on the other hand there is concern that the public faith is subject to electronic intervention by the certifiers who are the ones who issue the signature, inform clients of the periodicity and regulation of access to their information.