La muerte presunta en sede notarial.

Abstract

The rights and guarantees established in the Constitution and in international human rights instruments, as they are of direct and immediate application. Presumed death is a legal situation formalized through a judicial declaration that presumes the death of a person. The declaration of presumed death, whose processing is the power of the judicial jurisdiction, has become a procedural problem, due to the workload that the courts have, legally distressing, does not allow the exercise of rights and affects principles such as economy and speed. procedural, legal situation and power that could well be conferred on the Notary Public, a notary who could well declare a Presumed Death, by virtue of being a voluntary jurisdiction procedure. Through an interpretive methodology, complemented with information compiled for the development of the investigation, based on a line that frames the constitutional rights and guarantees, it will then be feasible and appropriate that the presumed death of a person is likely to be processed in the voluntary jurisdiction. at a notarial office. Currently the declaration is made through judicial channels, and, precisely, the investigative value is focused on demonstrating the urgent need to introduce reforms in the sense of adding regulations that regulate the possibility of presenting a request for presumed death of a person before a notary, that is, with reforms to the Civil Code, the Organic Law on identity management and civil data and the Notarial Law.