Abstract

OBANDO-HERRERA, Caroline Dayana; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. Scope of the signature‑recognition procedure as undermining legal certainty. Noesis [online]. 2025, vol.7, n.esp2, pp.636-653.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.609.

The research analyzes the legal scope of signature recognition in private documents containing promises to purchase real estate. Although this notarial act authenticates the signature, it does not confer legal validity on the content of the document or create a contractual obligation between the parties. According to Article 1570 of the Ecuadorian Civil Code, the promise to purchase must be executed by public deed to be legally enforceable. The study, which takes a qualitative approach and uses a dogmatic-legal method, includes interviews with notaries from the canton of Ibarra, who agree that the recognition of signatures does not guarantee legal certainty or protect rights in the event of non-compliance. It concludes that, although legally permitted, this procedure may undermine the legal certainty of users, generating risks such as the inadmissibility of claims, loss of property, and financial damage.

Keywords : Legal certainty; public trust; notarial law; signature recognition; promise of sale..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )