Discrepancias notariales y registrales. Una solución urgente en sede notarial ecuatoriana

This study addresses notarial and registry discrepancies in the Ecuadorian context, identifying the urgent need to provide solutions. The research employed a qualitative methodological approach, employing legal and socio-legal philosophical research, resorting to techniques such as conceptual proces...

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書誌詳細
第一著者: Samaniego Moyón, Carlos Javier (author)
フォーマット: masterThesis
言語:spa
出版事項: 2025
主題:
オンライン・アクセス:https://dspace.uniandes.edu.ec/handle/123456789/19168
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要約:This study addresses notarial and registry discrepancies in the Ecuadorian context, identifying the urgent need to provide solutions. The research employed a qualitative methodological approach, employing legal and socio-legal philosophical research, resorting to techniques such as conceptual processing. The methods used include the analytical and empirical, where two notaries and two registrars from the province of Chimborazo were used as samples, who provided key information for the study. The theoretical results reveal that the discrepancies arise from differences in normative interpretation, administrative errors, lack of legislative updating and absence of integrated technology, these inconsistencies negatively impact legal certainty and public trust, affecting property rights and complicating legal procedures. Suggested measures to improve coordination include joint training, the use of integrated technology platforms and the creation of technical tables to analyse complex cases and unify criteria. The proposed reforms include regulatory clarification, the creation of an arbitration body and ongoing training for notaries and registrars. Concluding that, to effectively resolve discrepancies and improve confidence in the notarial and registry system, it is essential to implement measures that strengthen communication and coordination between notaries and registrars. The integration of advanced technologies and the exhaustive review of the regulatory framework are crucial to ensure a correct registration of acts and documents, thus promoting legal certainty and transparency in real estate transactions in Ecuador and avoiding future conflicts.