Maestría en Derecho Civil y Procesal Civil

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    El auto de inadmisión de demanda en el juicio monitorio
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho, Civil y Procesal Civl, 2023-03) Cornejo Páez, Karla Salome; Poaquiza Poaquiza, Ángel Patricio
    The inadmissibility of the demands within a trial for payment affects the decision of the interlocutory orders that are issued by the judges of the Civil Judicial Unit, which is framed in the General Organic Code of Processes - COGEP, in application of articles 147; Therefore, this investigation will be carried out in accordance with the rules of the COGEP, and based on the motivation of the Judges to issue the order of inadmissibility of the claims in payment procedure with the application of the COGEP and the Constitution of the Republic of Ecuador. . It is important to mention that in order to admit or inadmit a claim in order for payment, it is necessary to first consider the Constitution of the Republic of Ecuador, with the aim of not violating constitutional rights.
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    La recusación por retardo injustificado y la seguridad jurídica
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Civil y Procesal Civil, 2023-08) Uruchima Guapisaca, José Manuel; Poaquiza Poaquiza, Ángel Patricio
    The present investigation arises due to the lack of clarity of the regulations in relation to recusal for unjustified delay. First, recusal is a legal figure contemplated in the Organic Code of the Judicial Function (COFJ) of Ecuador. This figure grants the parties involved in a judicial process the possibility of requesting that the judge in charge be replaced by another one, as long as the reasons presented are justifiable and accepted by the other parties. This raises a question regarding the violation of legal certainty. This principle guarantees that the laws are clear and in accordance with the Constitution. Recusal is a legal recourse that allows citizens to request the removal of a judge from a case, when the judge is in any of the grounds established by law. It must also be understood that recusal should not be used as a strategy to delay the process. The Code of Judicial Organization and Functioning establishes that the recusal request must be presented within the term established by law, otherwise, it may be rejected. Article 22 of the COGEP addresses this figure, but there is controversy as to the time period in which unjustified delay is considered as grounds for recusal. On the other hand, Article 149 of the COFJ establishes that the delay in the dispatch of a case may be grounds for recusal if it exceeds 90 days plus one for every 100 pages. The lack of clarity in the regulations may contravene the principle of Legal Certainty. In order to carry out the research, a qualitative methodological approach will be used and methods such as analytical, synthetic, historical and inductive will be applied. In legal research, the qualitative approach implies an exhaustive analysis of a topic, problem or hypothesis through the collection and evaluation of qualitative information.