Abstract

CASTILLO-PAGUAY, Sandra Rocío; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. Notarial real estate and commercial hermeneutics and their effectiveness in Ecuadorian legislation. Noesis [online]. 2025, vol.7, n.esp1, pp.1793-1808.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.534.

This article analyzes notarial legal drafting in the real estate and commercial fields in Ecuador, evaluating its critical impact on legal certainty and the effectiveness of registry publicity. Using a qualitative legal research methodology, which includes doctrinal, jurisprudential, and regulatory analysis and interviews with experts, the study identifies practical challenges in the drafting of notarial instruments. The results show that accurate, clear, and technically sound drafting is essential to prevent registry observations and ensure effective registrations. A direct correlation is identified between the quality of notarial drafting and the strength of legal certainty, underscoring the urgent need for ongoing training for notaries and fluid communication with registrars. It is concluded that optimizing this practice is crucial for enhancing the transparency, predictability, and efficiency of the Ecuadorian registry system, effectively protecting the rights and interests of the parties in legal transactions.

Keywords : Legislation; rule of law; public administration; administrative law; legal interpretation; administrative procedure..

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