Abstract

JARAMILLO-CALERO, Jose Luis; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Juridical nature, design and normative scope of notarial instruments in the Ecuadorian legislation. Noesis [online]. 2025, vol.7, n.esp1, pp.1304-1315.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.490.

The instrumentalist theory supports the relevance of the public instrument as the foundation of notarial service and the notary’s function. This research analyzes the notarial public instrument within the Latin model, adopted by Ecuadorian law, identifying as key axes the figure of the notary, public faith, and notarial service. It is noted that the Notarial Law (2020) regulates only the public deed in Article 29, without expressly recognizing other instruments such as records, certifications, extracts, or notarial statements, which possess a special legal nature and require normative configuration. To address this gap, qualitative methods are employed, based on doctrinal, jurisprudential, and comparative law analysis, complemented by a descriptive approach to the notarial institution. The objective is to develop a critical-legal analysis regarding the absence of regulation that defines the scope, content, and effects of the various notarial instruments in Ecuadorian legislation.

Keywords : Notary; Notarial public faith; Notarial public instrument; Public deed, protocols..

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