La insolvencia y sus efectos jurídicos patrimoniales

Abstract

The legal declaration of insolvency of natural persons mainly in the Ecuadorian state has had a serious impact on the financial situation of creditors who are affected by a considerable decrease in their patrimonial mass. The problem has its origin in the current regulations that regulate the insolvency process, because the new procedural regulations have not been able to guarantee the recovery of the credit, and as a consequence there is no evidence that protects the assets of the creditor in practical life. The study of the problem was carried out in the city of Ambato, where there is a high rate of Insolvency cases, as it is one of the cities with the highest commercial inflow. The insolvency regime has a new regulation that was recently implemented in the General Organic Code of Processes in the Ecuadorian legal system, which is why it has not yet been proven that the creditor's credit was secured, and consequently the processes that they are ventilated in the Civil Judicial Units with headquarters in the city of Ambato, they have not managed to obtain adequate results. If we refer to the repealed Code of Civil Procedure it is observed that the procedure with which the insolvency of the persons was declared did not adequately protect the patrimony of the creditor party, a situation that has improved considerably, but that still remains to generate changes for the assurance of the Creditor's assets. The legislation that regulates the declaration of insolvency needs to be analyzed carefully in order to determine what aspects deserve and require strengthening through a bill that provides legal security for the protection of the credit of the people and detection of the possible bankruptcy of the debtor. Consequently, the regular body should consider this alternative solution to the problem and generate an effective tool for the socioeconomic development of Ecuadorian society.