La curaduría para segundas nupcias: una alternativa ágil en sede notarial
The proposal to reform Ecuadorian legislation to allow notaries to appoint guardians in cases of second marriages is currently a process managed by judges. Due to judicial backlog, this often becomes slow and compromises the protection of the rights of minors involved. The paper suggests that notari...
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| Hlavní autor: | |
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| Médium: | masterThesis |
| Jazyk: | spa |
| Vydáno: |
2025
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| Témata: | |
| On-line přístup: | https://dspace.uniandes.edu.ec/handle/123456789/19166 |
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Přidat tag | Shrnutí: | The proposal to reform Ecuadorian legislation to allow notaries to appoint guardians in cases of second marriages is currently a process managed by judges. Due to judicial backlog, this often becomes slow and compromises the protection of the rights of minors involved. The paper suggests that notaries, as guarantors of public trust, could expedite the appointment of guardians within the framework of voluntary jurisdiction. This reform would reduce the burden on the judicial system and improve the efficiency of justice administration, ensuring the rights of minors under the principle of the best interests of the child. Surveys were conducted with legal professionals and notaries, who overwhelmingly support the proposal of granting notaries this responsibility. The results show that 91.90% of respondents believe that such a reform would help relieve the judicial system. The article concludes that allowing notaries to appoint guardians would be a viable and beneficial solution to improve the administration of justice in Ecuador, better protecting the rights of minors in cases of second marriages. |
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