Contratos Inteligentes y su incorporación al derecho notarial ecuatoriano garantizando el principio de seguridad jurídica.

Abstract

In the last five years Ecuador has had multiple judicial cases linked to money laundering and corruption, in which the use of real estate has been the most frequently used system of money laundering. In other words, studies found reports of forgery and identity theft to public perceptions of notarial services have been deteriorated. This situation highlights the need to integrate current mechanisms that respond to the demand for transparent, traceable, and secure notarial acts. This research project aims to evaluate the feasibility and applicability of smart contracts in the notarial sector in order to increase legal certainty for users and improve the efficiency of notarial services. To achieve this, an applied and qualitative research approach is employed, based on normative identification, the study of the notary’s role as guarantor of public faith, blockchain technology as an immutable record that strengthens transactional legal acts, and the comparison of international experiences from European and Latin American countries under parameters of authentication, certification, and document registration. Complementary theoretical methods, such as historical-logical, inductive, and deductive, are used to interpret findings and induce conclusions consistent with the national legal framework. The findings suggest that the incorporation of smart contracts within notarial practice should be accompanied by regulatory adjustments that govern best practices, the training of legal operators, and institutional cooperation.