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Noesis

On-line version ISSN 2739-0365

Abstract

MINCHALA-ORELLANA, Andrea Francisca; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Notarial public faith and its legal effects in Ecuadorian legislation. Noesis [online]. 2025, vol.7, n.esp2, pp.354-372.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.586.

The article analyzes notarial public faith as a guarantee of truthfulness and authenticity in the Ecuadorian legal system. It highlights that the notary, as the depositary of public faith, grants a presumption of truthfulness to the acts he authorizes, generating immediate and lasting legal effects. The research reviews the current legal framework, including the Constitution, the Notarial Law, and the Organic Code of the Judicial Function, emphasizing the role of the notary in legal certainty, conflict prevention, and the protection of rights. It examines the probative effects of notarial instruments, their enforceability, and their value in judicial proceedings. In addition, it reflects on the responsibility of notaries and the need to strengthen their ethical and technical training. The study concludes that notarial public faith is an essential pillar of the Ecuadorian legal system, contributing to public confidence and institutional strengthening.

Keywords : Notarial public faith; delegation of notarial functions; nullity of public instruments..

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