Propuesta de reforma al artículo 18 de la Ley Notarial del Ecuador, para otorgar a los notarios la facultad de nombrar curador en casos de segundas nupcias.

Abstract

The Ecuadorian legal system regulates the procedure for appointing a special guardian in cases of remarriage through the courts. This procedure is a voluntary process whereby the appointment of a special guardian for a minor is requested in order to ensure adequate legal representation during the marriage of their father or mother, given their relative inability to enter into acts and contracts on their own behalf. The purpose of this legal institution is to safeguard the rights and interests of the minor, preventing potential conflicts of interest. However, in practice, there are procedural delays, affecting the principles of speed, efficiency, and procedural economy. This situation has generated the need to reflect, through this research work, on the relevance of granting this power to notaries public as an alternative that would simplify the process without undermining the rights of the minor. Consequently, the results obtained have been used to formulate a proposal to reform Article 18 of the current Notarial Law, thus contributing to the strengthening of the justice system.