La competencia en los procesos de jurisdicción voluntaria

Abstract

The present work develops the subject of the voluntary jurisdiction in the Ecuadorian legislation. To do this, first of all, we distinguish between voluntary and contentious jurisdiction, determining the characteristics of each. In this sense, it is determined that the fundamental difference that exists between them is the existence of a conflict, understood as the opposition of interests between the parties. Therefore, the processes of voluntary jurisdiction are not intended to resolve a conflict between the parties, nor to administer justice. Therefore it is not considered as properly jurisdictional, since its purpose is to recognize an act that does not imply a grant of rights, which has been raised voluntarily by the parties. It then analyzes the processes of voluntary jurisdiction with exclusive jurisdiction of both the notary and the judge, established in article 18 of the Notary Law and article 344 of the COGEP, respectively. In the first case, in relation to the first 28 numerals, a brief comment has been made in relation to notarial competition, and has dealt, separately, the new notarial powers that, since the entry into force of the COGEP have Been added to Article 18. All these considerations have been contrasted in the analysis of comparative law and the study of jurisprudence. Based on this work, competencies have been determined that should have been attributed to notaries, because they fulfill the purpose of the reform, which is to reduce the procedural burden of judges.