Voluntary Jurisdiction In Ecuador: Notaries And Judges

Abstract

This article analyzes voluntary jurisdiction in Ecuador, focusing on its historical evolution and the distribution of powers between judges and notaries. Traditionally, these matters fell exclusively under the purview of the judiciary; however, several legal reforms, particularly those of 1996 and 2006, transferred various powers related to non-contentious acts to notaries, with the aim of decongesting the judicial system and ensuring greater procedural efficiency. From a doctrinal and normative perspective, the study argues that so-called voluntary jurisdiction lacks the essential elements of contentious jurisdiction, such as conflicts of interest, adversarial proceedings, and final judgments. Consequently, a conceptual clarification is proposed, reserving the term "voluntary jurisdiction" for judicial proceedings and using the term "non-contentious acts" for notarial functions. The article highlights the role of notarial public faith as a cornerstone of legal certainty, procedural efficiency, and preventive justice, emphasizing that notaries do not administer justice but rather formalize and legitimize the will of the parties in accordance with the law. Finally, it concludes that the complementary coexistence of judges and notaries strengthens access to justice and that it is necessary to move towards comprehensive regulation of notarial procedures in Ecuador.