Abstract

SALAZAR-PENA, Ercilia del Carmen; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. Curatorship for second marriages: a quick alternative at the notary's office. Noesis [online]. 2025, vol.7, n.esp2, pp.1216-1230.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.648.

The proposal to reform Ecuadorian legislation to allow notaries to appoint guardians in cases of remarriage seeks to streamline a process currently managed by judges, which is often slow due to judicial congestion. As guarantors of public trust, notaries could assume this role under the framework of voluntary jurisdiction, reducing the judicial burden and strengthening the protection of minors' rights in accordance with the principle of the best interests of the child. Surveys of lawyers and notaries reveal broad support: 91.90% believe that this reform would help to relieve congestion in the judicial system. The study concludes that delegating this power to notaries is not only legally feasible, but also beneficial for institutional efficiency and the effective protection of minors involved in second marriages, consolidating a flexible alternative within the notarial service.

Keywords : Guardian; remarriage; rights and interests of minors; notarial law..

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