Abstract

CUEVA-RODRIGUEZ, Juan Javier; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. Notary's responsibility in deeds with the intervention of vulnerable older adults. Noesis [online]. 2025, vol.7, n.esp1, pp.1858-1875.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.538.

The Ecuadorian Constitution recognizes the rights of older adults, which imply special protection from the State, not only because of their age, but also because of their vulnerable condition. This study analyzed a ruling by the Constitutional Court that determined the liability of a notary for authorizing a deed of sale involving a vulnerable older adult without applying enhanced protection measures, which resulted in the violation of her constitutional rights. A qualitative methodology was used through interviews with specialists, who agreed that notaries, as providers of a public service, have a legal duty to guarantee rights and provide legal certainty. In this case, the notary did not exhaust the necessary measures and was therefore found liable. The ruling confirmed the need to strengthen the protection of vulnerable older adults, ensuring legal acts that are secure, efficient, and respectful of their rights.

Keywords : Elderly persons; vulnerable persons; violation of rights; notarial responsibility; enhanced protection..

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