Abstract

GUERRERO-RUIZ, María Fernanda; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Legal loopholes in effective possession in Ecuadorian notarial law. Noesis [online]. 2025, vol.7, n.esp2, pp.99-111.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.491.

This study addressed the legal gaps in effective possession under Ecuadorian notarial law, a relevant procedure in inheritance proceedings that generated legal uncertainty. The objective was to propose guidelines that would strengthen regulatory certainty and clarity in this process. To this end, a descriptive qualitative approach was applied, based on a documentary analysis of doctrine, case law, and current regulations, complemented by comparative law. The results revealed the absence of uniform protocols in notarial practice, the variability of requirements depending on each notary, and the insufficiency of legal guidelines to guarantee certainty in succession processes. Likewise, the need for specialized academic training and the incorporation of technological tools was identified. It was concluded that regulatory and procedural reform is essential to unify criteria, reinforce notarial responsibility, and ensure adequate protection of the rights of heirs and legal certainty in the country.

Keywords : Notarial law; inheritance law; legal loopholes; legal certainty..

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