La legitimación pasiva del notario en los juicios de nulidad de escritura pública

The lawsuit for the nullity of a public deed and the nullity of a contract are distinct matters, so it is important to differentiate the legal claim clearly. On many occasions, individuals seeking to invalidate a contract mistakenly file a lawsuit for the nullity of the public deed, thus involving the notary in the process. Therefore, the objective of this study is to identify the causes that lead to the notary being the passive party in lawsuits for the nullity of public deeds in Ecuador. This is documentary research with a qualitative and descriptive approach, using documentary data collection techniques. The findings show that the public deed is a formal instrument granted before a notary and added to a protocol, whereas the contract is the legal transaction that contains the will of the parties involved and is intended to produce legal effects. It is also confirmed that the rules governing the validity of a deed, the grounds for its nullity, and its effects are established in the General Organic Code of Procedures and the Notarial Law. In contrast, the rules concerning the validity of a contract, the grounds for its nullity, and the resulting consequences are found in the Civil Code. In conclusion, the study confirms that the reasons for nullity of a deed are closely related to the involvement of the notary in such lawsuits, as the notary necessarily becomes the passive party when their actions are challenged.

• Glavni avtor: Coronel Cárdenas, Mariela Patricia (author)
• Format: masterThesis
• Jezik: spa
• Izdano: 2025
• Teme: FE PÚBLICA; NULIDAD DE ESCRITURA PÚBLICA; LEGITIMACIÓN PASIVA DEL NOTARIO
• Online dostop: https://dspace.uniandes.edu.ec/handle/123456789/19746