The partition mediation act and the refusal of notarization. Effect of res judicata.

Abstract

The investigation was undertaken with the purpose of evidencing the omission of the res judicata effect of the act of mediation of partition of assets as a result of the refusal of the notaries in the notarization. In an effort to move towards a culture of peace in Ecuador, mediation agreements have been incorporated into several controversies, under the guarantee that these instruments have legal value due to the sentencing effect they have. The methodological strategy was established based on a descriptive research with a qualitative approach, and scientific research methods were used: historical-logical, documentary review, analytical-synthetic, with the purpose of demonstrating the annulment of the legal validity of the mediation act by not protocolize them according to the content.