La prueba electrónica materializada ante notario público y su valoración conjunta en los juicios de divorcio por causales.

Abstract

Abstract: This study analyzes the evidentiary value of electronic evidence formalized before a notary public in fault-based divorce proceedings within the Ecuadorian procedural system. Although Article 202 of the COGEP establishes the functional equivalence of digital documents, legal practice reveals a persistent cultural reliance on paper-based records. The research critically examines the boundary between the public form of the notarial record which merely certifies what was viewed on a screen and the private content of the message itself, which retains its original nature and remains vulnerable to tampering prior to the notarial act. An analysis of case law and interviews with justice system practitioners indicates that notarial records of WhatsApp conversations do not constitute self-sufficient evidence. Their value depends on a joint assessment alongside the rest of the evidentiary record and the judge's critical evaluation based on the specific circumstances of the case. In instances where the opposing party raises substantiated challenges regarding the authenticity or integrity of the digital files, technical verification specifically a forensic IT analysis of the source device becomes essential to ensure the reliability of the evidence and adherence to due process.