El carácter jurídico del notario en Ecuador : análisis de su condición como funcionario público a la luz del ordenamiento jurídico ecuatoriano. (La constitución, código orgánico de la función judicial, la LOSEP y la ley notarial).

Abstract

The notarial function is important for the country's development. While notaries are public officials, they are not part of the civil service under the executive branch, yet their work is of paramount importance to the country's progress. The objective of this thesis was to examine whether notaries should be considered public officials in Ecuador, in accordance with domestic law, and to establish the consequences of such recognition for their employment and functional status. The research employs a qualitative approach, and the methodology includes theoretical methods such as deductive, historical, logical, and analytical-legal reasoning, which were applied to the units of study, the legal norms analyzed, as well as a review of doctrinal contributions and the regulations of other countries where the nature of notarial services could be explored. The results revealed that the notary's role is not strictly related to that of a public official in the literal sense; rather, it has hybrid connotations. While acting as an auxiliary to the public administration, the notary receives neither a salary nor social benefits from the central government. On the contrary, the notary has the independence to hire staff and is responsible for their employees. In light of these conclusions, the notary starts their own business and therefore needs to maintain it throughout their notarial practice. Furthermore, the central government receives a minimum percentage, reaching up to 51 %. This means that the government's role, in addition to appointing notaries, also includes regulating the percentage that goes to the national treasury and overseeing the distribution of income generated by notaries throughout Ecuador.