La letra de cambio como título ejecutivo y la deuda ficta en el sistema jurídico ecuatoriano

Abstract

The bill of exchange as an executive title and the fictitious debt in the Ecuadorian legal system are topics of great importance and relevance in the legal field. This research aims to contrast how the bill of exchange can be involved in a fictitious debt and the harms caused by their misuse. To achieve this, a methodology will be employed, including documentary analysis of relevant laws, regulations, and jurisprudence, as well as interviews with experts in commercial law. This research falls within the scope of commercial law and seeks to provide new knowledge and perspectives on the subject. The scientific novelty of this study lies in the detailed analysis of the legal framework of the bill of exchange as an executive title and in the doctrinal description of the elements and requirements necessary to consider a debt as fictitious in the Ecuadorian legal context. Additionally, the existing mechanisms in the Ecuadorian legal system will be examined to contrast and determine the veracity of a debt contained in a bill of exchange and the fictitious debt. As the main conclusion, an improvement in understanding the bill of exchange as an executive title and the fictitious debt is expected, along with recommendations to strengthen the legal and jurisprudential framework in Ecuador concerning these concepts. In summary, this study addresses a relevant topic, utilizes a rigorous methodology, falls within a specific research line, contributes scientific novelty, and aims to contribute to the development of commercial law in the Ecuadorian legal context