El sistema notarial telemático frente al principio de inmediación

Abstract

The present research entitled “Telematic Notarial System and the Principle of Immediacy” analyzes the impact of the implementation of telematic notarial services on the principle of immediacy in the formalization of contractual acts in Ecuador. The study arises from the legal challenges posed by the incorporation of technological tools into the notarial function, particularly regarding the verification of the identity, legal capacity, and consent of the parties involved, which are essential elements for ensuring the legal certainty of notarial acts.The research is based on a qualitative approach, using documentary-bibliographic and analyticalsynthetic methods, supported by structured interviews conducted with five notaries from the city of Ambato. The results revealed that the telematic notarial system represents a significant step forward in the modernization and accessibility of notarial services. However, technological, regulatory, and operational limitations still persist, making it difficult to fully guarantee the principle of immediacy.The study identified that tools such as videoconferencing, electronic signatures, and the Secure Notarial Electronic Platform (PESNOT) constitute useful mechanisms for service provision. Nevertheless, these tools still present shortcomings related to the comprehensive verification of the free will of the parties involved and the prevention of identity theft or impersonation risks.It is concluded that, although Ecuadorian legislation recognizes the validity of telematic notarial proceedings, virtual immediacy has not yet reached the same level of assurance as traditional face-to-face immediacy. Therefore, it is necessary to strengthen technological mechanisms and improve the current regulatory framework to ensure adequate protection of public faith and legal certainty within the Ecuadorian telematic notarial system.