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Noesis

On-line version ISSN 2739-0365

Abstract

ZAMORA-BONILLA, Fanny Del Rocío; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Extension of the notarial law for the celebration of civil marriage in Ecuador. Noesis [online]. 2025, vol.7, n.esp2, pp.414-433.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.596.

In societies where marriage was seen as a religious act, the traditions and beliefs of each culture determined the rules and ceremonies, until the importance of legally regulating marital unions was recognized. This led to the emergence of civil marriage which, despite its advantages and disadvantages, continues to be an essential pillar of social life by guaranteeing rights, protection, and legal recognition, under the exclusive jurisdiction of the Civil Registry and, in exceptional cases, the consular authority. The research proposes a doctrinal and jurisprudential analysis of the legal grounds that would allow future spouses to celebrate their civil marriage before a notary public. It proposes a qualitative study with a philosophical-legal scope, reviewing doctrine, jurisprudence, and comparative legislation in countries such as Colombia, Guatemala, Peru, and Spain, in order to evaluate this alternative in light of deficiencies in appointment management, prioritizing efficiency, quality of service, and full legal certainty.

Keywords : Civil marriage; public faith; notarial service; free consent; legal certainty..

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