Regulación al servicio notarial telemático para reconocimientos de firmas de compraventas de vehículos a adultos mayores.

Abstract

The launch of the online notary platform has brought about a significant change in the Ecuadorian legal system, simplifying procedures that previously required physical presence. However, its use poses risks for vulnerable groups such as the elderly, especially in sensitive legal procedures such as the authentication of signatures in car transactions. Using a qualitative and document-based methodology, the study is based on an examination of laws, principles, and specific examples. It identifies shortcomings such as the absence of specific procedures for older adults, which complicates the verification of their free and informed consent. In addition, the digital divide and lack of technological skills among this group increase their vulnerability to potential fraud. Current Ecuadorian legislation does not provide for specific instruments to adequately safeguard older adults when using online notary services, creating a legal vacuum that compromises principles such as public trust and the protection of the individual. For this reason, it is suggested that improved processes be put in place that incorporate prior conversations, the involvement of family members or witnesses, and the option of in-person assistance. These actions seek to harmonize digital progress with a real defense of the rights of older adults in the context of electronic notarization.