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Noesis

On-line version ISSN 2739-0365

Abstract

HORMAZA-LAVAYEN, Dolores Consuelo; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. Notarial authentication of handwritten signatures on documents that do not constitute public deeds in Ecuador. Noesis [online]. 2025, vol.7, n.esp2, pp.151-164.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.512.

An analysis was conducted on the authentication of handwritten signatures before a notary public in documents that do not constitute public deeds in Ecuador, considering the historical background of the notarial function and its regulatory evolution. The objective was to identify the legal consequences of this procedure and its impact on legal certainty. The research was carried out using a qualitative approach, based on a documentary analysis of current regulations, doctrine, jurisprudence, and comparative law. The results showed that signature authentication is an essential element in conferring validity and certainty on private legal acts, differing from signature recognition and public deeds, as well as incorporating advances such as electronic signatures and telematic authentication. It was concluded that notaries play a fundamental role as guarantors of legal certainty, and that more precise regulation of their responsibilities is necessary in view of current social and technological challenges.

Keywords : Legal systems; manuscripts; legal certainty; comparative law..

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