El matrimonio civil en sede notarial en Ecuador : Análisis sociojurídico de su implementación y alcances.

Abstract

This study analyzes the feasibility of introducing civil marriage in a notarial setting in Ecuador, based on an examination of the constitutional, legal, and doctrinal framework that regulates notarial functions and the right to marry. Currently, the Civil Registry has exclusive jurisdiction over the celebration of marriages, which generates limitations related to administrative overload, lack of coverage in rural areas, and impacts on the speed of the exercise of this right, necessitating the exploration of alternatives. In this sense, this study proposes that the notary, as the custodian of public faith, constitute a valid and complementary alternative for the celebration of this solemn act. To this end, an analytical critical approach was used to evaluate its relevance by comparing the comparative experience of countries where notaries already have matrimonial jurisdiction, demonstrating that this does not undermine the institution's character but rather strengthens it by providing greater legal certainty and efficiency. This leads us to conclude that the incorporation of civil marriage in a notarial setting is not only legally possible but also necessary to guarantee more democratic and inclusive access to matrimonial law. This measure requires reforms, clear regulations, oversight protocols, and coordination mechanisms with the Civil Registry, ensuring the publicity, transparency, and statistical validity of the act. Ultimately, the proposal consolidates the notary profession as a guarantor of rights and modernizes the Ecuadorian legal system in family matters.