Las curadurías por jurisdicción voluntaria en sede notarial.

Abstract

In Book I of the Civil Code we find what refers to guardianships, which in general terms constitute legal representations for the acts of civil life of a person declared incapable. For the appointment of a guardian or curator, the intervention of a judge is required, that is, it is necessary to start a legal process. The high rate of congestion that the judicial function has faced; and, it is that due to our legal system a large number of judicial procedures are known in the so-called ordinary justice, which has produced a stagnation in the dispatch of processes, also taking into consideration that by judicial means the procedure is a voluntary procedure and not controversial procedure. The contemporary development of Procedural Law has allowed matters in which there is no contradictor and, some matters in which there may even be a legitimate contradictor but which are based on the voluntary agreement of the parties, to be resolved before a Notary, a circumstance that has led to in our country to a constant reform of the Notarial Law, determining that Notaries resolve judicial matters, which without a doubt will reduce the procedural burden of ordinary justice, this in accordance with the constitutional principles of effective judicial protection, security legal, speed and procedural economy, with the objective of recognizing the right and constitutional guarantees of the people who need the judge's resolution; being able to do it by notarial procedure safely and more quickly, by means of a notarial deed. The incorporation of new attributions and faculties to the Notaries of the country, within our legislation will help to promote greater efficiency and speed of judicial processes, thus allowing users of the administration of justice to obtain an immediate response to their needs.