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Noesis

On-line version ISSN 2739-0365

Abstract

GUTIERREZ-CONDOR, Cristian Andrés; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Civil liability of notaries and agents in Ecuador in relation to revoked powers of attorney. Noesis [online]. 2025, vol.7, n.esp2, pp.112-124.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.492.

This study analyzed the revocation of powers of attorney in the Ecuadorian notarial context and the civil liability arising from the actions of notaries and attorneys-in-fact. The objective was to identify existing legal gaps and their implications for the protection of citizens' rights against the misuse of revoked powers of attorney. A qualitative approach was used, with a review of regulations, doctrine, and case law, complemented by critical legal analysis. The results revealed the absence of a clear regulatory framework, the overload of notarial functions, and the need for more agile procedures to notify the revocation of powers of attorney. It also highlighted the risks of document falsification and technological limitations in notarial practice. It concluded that it is essential to strengthen regulation, improve professional training, and ensure effective control mechanisms to provide greater legal certainty and confidence in the Ecuadorian notarial system.

Keywords : Legal proceedings; civil liability; legal certainty; notarial law..

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