Abstract

SALINAS-HARO, Liliana Maria; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. The Ecuadorian notary and special curatorships in marriage. Noesis [online]. 2025, vol.7, n.esp2, pp.1231-1247.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.649.

This research analyzes the role of Ecuadorian notaries in special proceedings related to marriage, particularly in the appointment of guardians for minors in cases of remarriage. It highlights their ability to provide legal certainty and efficiency in non-contentious proceedings, proposing their intervention as an alternative to the overburdened judicial system. The study reviews the functions, powers, and limitations of notaries and compares the regulation of special guardianships in other countries to identify best practices. It also examines the role of institutions such as the Judicial Council and the Notary Association in implementing reforms. The proposal seeks to strengthen the notarial system, reduce the procedural burden, and ensure more effective protection of the rights of minors, in line with the principle of the best interests of the child established in the Ecuadorian Constitution.

Keywords : Notary services; special guardianships; legal certainty; transparency; protection..

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