Sistema notarial telemático en Ecuador y la seguridad jurídica.

Abstract

The present work analyzes the constitutional law of legal security and the notarial principles of immediacy, unity of act, and public faith on which the notary bases his activity to grant and authorize acts and contracts provided for in Ecuadorian laws in which different computer tools have been used, are possible to provide a comprehensive telematic notarial service. The research objective was to identify the notarial acts and contracts that can be implemented electronically. The methodology was qualitative approach consisted of reviewing laws, resolutions and regulations that are being evaluated from the perspective of the constitutional right to legal certainty. Also, as a method of collecting information, interviews were used. The results indicate that the telematic notarial service is efficient, safe and saves time by avoiding travel and reducing costs. The appearance can be physical or electronic according to the Notarial Law, as long as requirements such as the electronic signature are met. Videoconferences guarantee the unity of the act and allow notarial documents to be carried out, providing legal certainty and validity before third parties. It is concluded that the use of telematic means does not compromise the guarantee of legal security and electronically signed documents ensure their inalterability, while videoconferences are recorded and registered.