La responsabilidad civil del notario en los actos jurídicos en la legislación ecuatoriana.

Abstract

This research analyzes the civil liability of notaries within the Ecuadorian legal framework, focusing on legal acts involving the transfer of ownership and others that directly affect the legal security of citizens. In recent years, the notarial function as guarantor of public faith has undergone constant modifications and innovations, contributing to the progress of private law as one of the most useful legal institutions in the social and economic life of most countries. Notaries are officers of the courts who help prevent conflicts, but I believe that our legislation contains regulatory gaps that obscure the scope of their liability, particularly regarding the obligation to compensate for damages caused by acts of negligence, recklessness, or intent. This research addresses the civil liability of notaries, differentiating it from the criminal and administrative spheres, and covers both the procedure for its establishment and the resulting financial consequences. The overall objective is to examine the legal impact of these gaps within Ecuadorian legislation by identifying current regulations, the doctrine that shapes civil liability, and assessing its legal and patrimonial effects. The research adopts a qualitative, documentary, and comparative legal approach, based on the analysis of the law, doctrine, and jurisprudence. The results demonstrate that while Ecuador has a basic legal framework, disparities persist in oversight and redress processes, which limits the effectiveness of the law and affects public trust in notaries. Similarities with experiences abroad reveal that incorporating mandatory insurance, collegiate supervision, and preventive protocols are measures that can strengthen notarial liability and consolidate legal certainty.