La prueba eficaz del documento Notarial materializado y desmaterializado.

Abstract

This study seeks to analyze the evidentiary effectiveness of notarial documents, both in materialization and dematerialization, within the Ecuadorian legal context. It begins with the legal and doctrinal conceptualization of both notarial procedures and continues with the identification of their normative and operational limitations within the judicial process. This has raised debates surrounding the functional equivalence between physical and electronic documents, identifying gaps in their proper procedural assessment. The research is conducted using a qualitative approach supported by hermeneutic and analytical methods, which allowed for the interpretation of national regulations and its comparison with those of countries such as Mexico, Colombia, and the United States. Additionally, documentary analysis was applied to identify relevant categories, dimensions, and processes surrounding electronic documentary evidence. This allowed us to conclude that Ecuador's regulatory development is partial, with gaps that affect uniformity and legal certainty. This also helped to propose recommendations to strengthen said regulations by standardizing processes for legal practitioners and by proposing standardized procedures for the judicial evaluation of digital notarial documents, in order to guarantee their full effectiveness in court and strengthen the right to evidence in judicial proceedings.