Citas bibligráficas
Rodríguez, D., Quispicusi, S. (2022). Razones jurídicos sociales sobre la ampliación de las competencias notariales en los asuntos no contenciosos respecto de la celebración del matrimonio civil en sede notarial [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5109
Rodríguez, D., Quispicusi, S. Razones jurídicos sociales sobre la ampliación de las competencias notariales en los asuntos no contenciosos respecto de la celebración del matrimonio civil en sede notarial []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5109
@misc{renati/22328,
title = "Razones jurídicos sociales sobre la ampliación de las competencias notariales en los asuntos no contenciosos respecto de la celebración del matrimonio civil en sede notarial",
author = "Quispicusi Huaman, Shirley Estefani",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The present research work entitled "SOCIAL LEGAL REASONS ON THE EXPANSION OF NOTARY COMPETENCIES IN NON-CONTENTIOUS MATTERS REGARDING THE CELEBRATION OF CIVIL MARRIAGE AT NOTARY HEADQUARTERS" has as its general objective to analyze these social legal reasons that led to confer this new power to the notaries, having as a hypothesis, the implementation of the civil marriage in a notarial seat is based on the application of the principle of speed and public faith; therefore, it will contribute to the decongestion of the municipal load, taking into account both national and international antecedents, it was developed from the qualitative approach, the type of research is Legal-descriptive, taking into account the design of research-action, the technique used is the documentary file and the interview, the latter addressed to three notaries, a civil registrar and two legal studies specialized in the matter (representative). The temporary space includes the year 2022, starting this investigation with the project Law Nº. 616/2011 followed by the Project Law Nº. 74/2016, and finally the Project Law Nº. 485/2021, which are analyzed indistinctly in this research. From the thematic development, we consider it necessary to develop civil marriage, the notarial function, comparative legislation and each Law Project referred to in the preceding paragraph, allowing the following conclusions to be reached: a) They are the social legal reasons for the extension of the celebration of marriage civil in notarial headquarters, firstly the principle of speed, since the notary is a public servant of law, characterized by his greater understanding and/or knowledge of the rules regarding non- contentious matters and an inherent characteristic of the notary, which is the faith where the veracity and authenticity of the legal acts carried out at its headquarters is granted, notarizing it in public instruments, resulting in the decongestion of the municipal burden in the performance of this act. b) It is effective to carry out the civil marriage in a notarial office, because, evaluated the compared legislation, the norm was approved more than 10 years ago, that is to say more than a decade, without any derogation or modification, based on the inherent characteristic that the notary enjoys, that is, in the public faith applied in the legal acts carried out through the protocolization of public deeds and other acts. c) Bill Nº. 74/2016-CR, as well as Bill No. 485/2021-CR, have the same objective, which is the incorporation of civil marriage in notarial offices; however, it can be seen that Bill Nº. 485/2021-CR modifies more articles of D.L. N° 295, which makes it a little more eloquent and also precise, it is adapted to a modern and digital age, which would mean an advance as a society, but its lack of accuracy in some modifications that are intended to be made to D.L N° 295 will make that we cannot take full advantage of your benefits.
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