Determinación de la forma de notificación al testigo instrumental en el testamento cerrado.

Abstract

The State guarantees the right to defense and contradiction, for which it has instituted summons and notification, the omission of which would render the act or contract null and void. When opening sealed wills, the problem arises of notifying the instrumental witness who appeared at the time of execution, which is not determined in the Civil Code or in the Notarial Law, since when the will is opened, the notary proceeds to notify them without leaving their jurisdiction. The general objective is to examine the specific form of notification to the instrumental witness when they have changed their address and the mechanism applied guarantees the principles of speed and legal certainty in the notarial procedure. This research uses a qualitative methodology, employing deductive, analytical, and hermeneutic methods, which will allow me to examine current regulations and interpret them. By using comparative law, I can also contrast them with those of other countries, such as Chile, Colombia, and Peru, and thus identify the different practices that can be applied in our country. This research has allowed me to conclude that it is necessary to incorporate into the legal system the form of notification procedure for the instrumental witness who intervened in the closed will, applying technological means such as telephone calls, written correspondence, email, or other modern tools. This research topic seeks to contribute to the improvement of notarial procedures in order to strengthen legal certainty in inheritance practice and ensure the correct application of testamentary matters.