Abstract

RODRIGUEZ-AREVALO, María Gabriela; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Civil liability of notaries in the drafting of wills under special Ecuadorian legislation. Noesis [online]. 2025, vol.7, n.esp2, pp.1166-1184.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.645.

The civil liability of notaries is regulated by various laws, such as the Constitution, the Civil Code, the Notarial Law, and the Organic Code of the Judicial Function. This legal concept seeks to fully compensate for damages caused by failures in notarial services. This research analyzes, from a predominantly qualitative and philosophical-legal mixed approach, the doctrinal and jurisprudential foundations of notarial civil liability. It studies the key concepts that underpin notarial activity, as well as the types of liability that may fall on the notary: civil, criminal, administrative, contractual, and extracontractual. Through a comparative analysis with the legislation of countries such as Colombia and Spain, it is evident that notaries are liable for damages caused in the exercise of their functions when they act with intent, negligence, or inexcusable ignorance. Finally, the need for a specific body of law that clearly defines the conduct that gives rise to civil liability is highlighted.

Keywords : Civil liability; result of damage; civil compensation..

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