Abstract

LOPEZ-SANCHEZ, Roxana Judith; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Legal effects of contract nullity for the notary and the parties. Noesis [online]. 2025, vol.7, n.esp2, pp.570-583.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.605.

Public instruments in Ecuador are regulated and must comply with the requirements and formalities described in the Notarial Law and the Civil Code. This is a type of document in which a notary is involved, with the obligation to verify its quality. However, they may be invalid due to failure to meet requirements, formalities, or because they contravene the legal system. Studying the legal effects and consequences for the parties involved in this case justifies the topic of the research. A qualitative methodology with an analytical and descriptive scope was used to address this issue. The problem was analyzed by reviewing Ecuadorian legislation, doctrine, and jurisprudence; Chilean and Argentine legislation regarding the regime of obligations; and, finally, national judgments. This comparative study allowed us to observe the legal effects for the parties and that the subsequent declaration of nullity does not imply sanctions or dismissal for notaries.

Keywords : Civil law; notarial law; nullity; public instrument; legal effects..

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