Limits in the Attention to Intellectual and Psychosocial Disabled in the notarial activity in Ecuador

Abstract

The evolution of disability law has advanced substantially at the international level as well as in national legislation. The highest point is the approval of the International Convention on the Rights of Persons with Disabilities in 2006, whose main contribution is the recognition of the right to exercise the legal capacity of persons with intellectual and psychosocial disabilities. In Ecuador, despite having ratified this international instrument in 2008, the internal legislation continues to be obscure, incompatible, contradictory and inapplicable, leading to a theoretical conflict of a civil nature and above all practical in the exercise of notarial activity. Precisely the difficulty that represents the Ecuadorian notary to pay attention to this group of people despite the existence of international and national legislation that advocates the right to act of the intellectually and psychosocial disabled, constitutes the main object of this work.

To carry out an adequate analysis and interpretation of the pertinent legal norms, we use legal methods: exegetical and legal hermeneutic. The result is a global vision, updated and presented from the point of view of the notary public. Its approach after 15 years since the approval of the aforementioned international Convention and its not yet clearly adequate in Ecuadorian legislation justify the importance of its study in matters of Social Law for the disabled and Ecuadorian Notarial Law.