La responsabilidad civil del notario en los testamentos por escrituras públicas
The present study "The civil liability of the notary in public deeds wills" is an approach to a subject that has social implications, since the notarial act responds to an act of public faith, of the will of a person, the same person who it must be legally drawn up and guaranteed to its fi...
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Tác giả chính: | |
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Định dạng: | bachelorThesis |
Được phát hành: |
2020
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Những chủ đề: | |
Truy cập trực tuyến: | http://dspace.utb.edu.ec/handle/49000/8272 |
Các nhãn: |
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Tóm tắt: | The present study "The civil liability of the notary in public deeds wills" is an approach to a subject that has social implications, since the notarial act responds to an act of public faith, of the will of a person, the same person who it must be legally drawn up and guaranteed to its final beneficiary. For the development of this research, the analysis of reality was made through a focal group of people who work in notaries, day by day with these cases; as well as the bibliographic review of all the normative frameworks in force, from the Constitution of the Republic, the Notarial Law, the Organic Code of the Judicial Function, as well as jurisprudence of specialists. The study resulted in that the Notary Public fulfills the function of a public employee invested with public faith, and that, therefore, he has full knowledge of his duties, obligations and responsibilities that assist him and demand in the development of his work , above all because, within the framework of current regulations and the trust it gives and receives from society, it bases its work. Likewise, there are two types of civil liability: contractual civil liability; related to the action prior to the damage, whether or not there was a valid contract. If there is a valid contract, the breach of one of the parties of the duties generated by the contract, generates the responsibility of this type. If there is no valid contract, extra contractual civil liability occurs. |
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