Procedimiento notarial de la terminación de la unión de hecho por mutuo consentimiento.

Abstract

This study analyzes the notarial procedure for the termination of a de facto union by mutual consent in Ecuador, with emphasis on the legal implications derived from the reform of Article 18, numeral 22 of the Notarial Law. The research is based on the constitutional recognition of the de facto union as a form of family organization that generates the same rights and obligations as marriage, in accordance with Articles 67 and 68 of the Constitution of the Republic and Articles 222 and following of the Civil Code. However, the legal reform eliminated the specific procedure that regulated the termination of de facto unions in the notarial sphere, creating a legal gap that has generated legal uncertainty and diverse criteria in the actions of notaries. The study is developed under a qualitative approach aimed at analyzing the legal phenomenon from a doctrinal and normative perspective. The analysissynthesis and descriptive methods are used to examine the current legal framework, identify existing legal gaps, and describe the practical implications derived from the absence of a clear procedure. The information was obtained through documentary analysis of Ecuadorian legislation, legal doctrine, and regulations related to the institution of the de facto union. The results show that the elimination of the specific procedure has generated different interpretations among notaries, who have adopted various mechanisms to process the termination of de facto unions. This situation leads to a lack of uniformity in notarial practice and may affect constitutional principles such as legal certainty, legality, and equality before the law, highlighting the need to establish clear legal regulation.