Designación de curador de hijos no emancipados para segundas nupcias mediante acto notarial. Art. 131 CC.

Abstract

The general objective of this research was to analyze the proposed bill to amend Article 18 of the Notarial Law, which would authorize Notaries to grant Special Guardianships for second marriages in Ecuador. To this end, the importance of this type of guardianship was demonstrated, as well as the advantages that its processing The general objective of this research was to analyze the proposal for a bill to amend Article 18 of the Notarial Law, which would authorize Notaries to grant Special Guardianships for second marriages in Ecuador. To this end, the importance of this type of guardianship was demonstrated, as well as the advantages that would be entailed in processing it in a notarial office. For this reason, it was proposed that this procedure could be carried out alternatively in a notarial office, in order to guarantee the principle of procedural speed. The approach applied to this research was qualitative in nature, as it was based on the bibliographic analysis of literature related to the problem under study, as well as on the review of legal regulations. The methodology applied was based on the deductive method; an observation guide with its dimensions and characteristics was applied in order to demonstrate the variables that affect the object of study; the conclusions obtained in this scientific research correspond to the methods applied. Among the investigative techniques, interviews were used with five notaries in order to obtain their opinion on whether the appointment of a curator for second marriages in a notarial seat guarantees the principle of procedural speed, providing an improvement in public service. The pertinence of the proposal was concluded and demonstrated, by granting the competence of this voluntary jurisdiction procedure to notaries, the principle of procedural speed is fulfilled, the judicial function is relieved of congestion and public service is improved. Keywords: Marriage, Guardian, Curatorship, notarial function, voluntary procedures, Procedural Economy.