Curador especial para segundas nupcias por vía notarial V.S. el principio del ISN : análisis jurídico.

Abstract

The regulations seek to protect children under the parental authority of their father or mother, in accordance with the guiding principle of the best interests of the child (BIC), and therefore to safeguard the property that legally belongs to them. The main objective of this article is to analyze, from a legal and procedural perspective, the appointment of a special curator in cases of second marriages through the notarial route in Ecuador, highlighting its practical application from the standpoint of the BIC. The specific objectives include: examining the current legal framework, identifying the shortcomings of the existing judicial procedure, and assessing the legal feasibility of granting this authority to notaries. The study was conducted using a qualitative, descriptive, and exploratory approach, based on doctrinal and legal analysis, and included semi-structured interviews with notaries and legal practitioners. Among the most relevant findings were the lack of uniform criteria among notaries, limited oversight in applying the BIC, and the need for clearer regulations. It is concluded that, although special curatorship is a necessary legal mechanism, it must be strengthened through stricter guidelines to ensure its legitimacy and prevent violations of rights. The study proposes measures to reinforce the role of notaries, improve training in child-related matters, and establish institutional control mechanisms that guarantee the effective application of the BIC.