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Noesis

On-line version ISSN 2739-0365

Abstract

NIETO-NIEVES, Ricardo Arturo; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. Impact of telematic media on contractual security and the principle of immediacy in notarial proceedings. Noesis [online]. 2025, vol.7, n.esp2, pp.598-615.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.607.

The objective of the research is to evaluate this affectation, proposing mechanisms that allow a technological adaptation without undermining the essential principles of Ecuadorian notarial law. From a qualitative approach, normative bodies, doctrine and jurisprudence are examined to evaluate how the virtualization of procedures affects the notarial function, especially in acts that require physical presence to guarantee consent and public faith. Tensions are identified between technological modernization and the legal principles that govern the practice of notary, such as legal certainty, immediacy and documentary authenticity. Although telematic means offer efficiency and accessibility, their implementation poses regulatory and evidentiary risks, especially in sensitive procedures such as wills or authorizations for the departure of minors. The study concludes that it is necessary to strengthen the regulatory framework and establish clear limits to preserve the integrity of the notarial act, proposing a technological adaptation that does not violate the essential principles of Ecuadorian law.

Keywords : Immediacy; contractual security; telematic means; legal certainty; notarial and registry law..

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