DIVORCE BY MUTUAL CONSENT IN NOTARY'S OFFICES AND ITS IMPACT ON FREE ACCESS TO JUSTICE
Main Article Content
Abstract
This research paper addresses the issue of divorce proceedings by mutual consent processed in notary's offices and their relationship with the free provision of justice. Within the framework of the Constitution of the Republic of Ecuador, which guarantees free access to justice, we seek to analyze whether the existence of notary fees for this type of proceedings violates this right. It should be noted that, according to the regulations, notaries have the exclusive power to process divorces by mutual consent as long as there are no minor children or children under their dependence. However, citizens have been paying for this service, which raises questions about the contradiction in the constitutional norm in relation to free justice. The research is supported by techniques such as the criteria of experts and professionals in constitutional law, which allow contrasting the positions of the researchers, and results in the identification of possible conditions that would require a reform in the Notarial Law.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Lindao Ramos, C. P. (2017). The exclusive power of notaries to process divorce by mutual consent Violation of the right of free access to justice?
Abramovich, V. (n.d.) lines of work on economic, social, cultural rights; Tools and allies. Scope of the right to justice.
Fernandez, M. p. 42. acceso_a_la_justicia_juan_mendez.pdf. (n.d.).
DEl_Acceso_a_la_Justicia_un_ enfoque_desde.pdf Birgin, H., Kohen, B., & Abramovich, V. (2006).
Access to justice as a guarantee of equality: institutions, actors and comparative experiences. Editorial Biblos. Capeletti, M. & Gath, B. (1983)
Access to Justice. La Plata. Bar Association. P 22.
Falquez Jaramillo, C. A. (2018). The principle of gratuity in divorce by mutual consent without minor children (Bachelor's thesis, University of Guayaquil Faculty of Jurisprudence, Social and Political Sciences).