Desconcentración del matrimonio civil en el Ecuador : análisis jurídico de la competencia notarial para su celebración.

Abstract

In Ecuador, the celebration of civil marriage is the exclusive competence of the Civil Registry, the body responsible for the registration of births, deaths, marriages and other civil acts related to persons. However, the demand for Civil Registry services, especially in urban areas, and the difficulties of access to these services in rural areas, raise the need to analyze alternatives for decentralizing this power. This paper proposes that, in addition to the Head or Delegate of the Civil Registry, notaries can also exercise the power to celebrate civil marriages, contributing to the efficiency of the registration system and the timely access to this service. Through the regulatory analysis on deconcentration, the advantages of this proposal in terms of accessibility and administrative efficiency are examined. For the preparation of this study, the qualitative, documentary and theoretical approach was used, adding elements of comparative and propositional analysis, which has allowed the analysis of the normative, doctrinal and jurisprudential framework. This methodology allows for a comprehensive approach to the analysis and proposal on the deconcentration of competence to celebrate civil marriages in Ecuador. The research concludes by demonstrating that it is admissible for notaries to celebrate civil marriage in parallel with the Civil Registry, under an interoperability system between them, guaranteeing the efficiency and effective access of this public service.