Abstract

MERINO-NARVAEZ, María Isabel; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Extrajudicial enforcement of industrial liens at a notary's office: an analysis for the Ecuadorian context. Noesis [online]. 2025, vol.7, n.esp2, pp.334-353.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.585.

Industrial pledges, as security interests, constitute enforceable titles in the event of default by the debtor. This study analyzes the feasibility of their extrajudicial enforcement in notarial courts within the Ecuadorian legal context, proposing a flexible and effective alternative for protecting the rights of creditors. Using a qualitative, philosophical-legal, and sociological-legal approach, analytical-synthetic and documentary methods were employed, complemented by interviews with expert notaries from the canton of Loja. National and comparative legislation-especially from Colombia and Spain-that contemplates this notarial power is examined. The results show that the current judicial procedure is slow and inefficient, affecting legal certainty. It is concluded that incorporating the extrajudicial enforcement of industrial pledges as a notarial power would strengthen the effective protection of creditors, reduce the procedural burden, and align Ecuador with more dynamic regulatory models. A reform of the Notarial Law is proposed to make this power viable.

Keywords : Industrial pledge; enforcement; notary; notary's office..

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