Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2017 - 201912020 - 20221

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Tema: search.filters.subject.CONCURSO DE ACREEDORES

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  • Miniatura
    Item type:Ítem,
    El concurso de acreedores y su incidencia en el sistema financiero de la provincia de Tungurahua
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09)
    Sánchez Puchaicela, María Fernanda
    ;
    Vayas Castro, Guillermo Santiago
    This research focuses on the insolvency proceeding or also known as the insolvency trial towards debtors who do not have assets to cancel the debt acquired with the creditor, in addition to involving both parties, debtor and creditor directly in a social environment of great financial and economic importance. But we must emphasize that this bankruptcy law is not a matter of great study so that in our country instead of having an advance in its development linked to society as well asregulatory has been having a stagnation followed by a path of regression which could lead to a social problem. And not trying to find a solution before declaring the insolvency of the debtor both the real and personal rights that each person has would be seriously affected, such as the rights of the creditor, but it would not be the only affectation because if this begins to occur on a larger scale the entities that are those who give these credits will be increasingly demanding in terms of giving loans for lack of commitment at the time of canceling. Therefore, this would lead to a problem in the future by not duly protecting the credits, as well as the recovery of debts by the creditors, because the obligations between the two parties are not being fulfilled as agreed at the beginning of the credit granted, resulting in the law not being complied with and leaving the country at a judicial disadvantage and with a possible reductionof national and foreign investment to the Ecuadorian state.
  • Miniatura
    Item type:Ítem,
    La prelación de créditos y la pensión alimenticia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06)
    Mosquera Flores, Christian Gabriel
    ;
    Vayas Castro, Santiago
    The present investigation intends that in the priority of credits the first alimony is taken into account, since according to what is presently established in the Civil Code, it is in the sixth place, so that it is not being Food right over minors. It is called priority of credits, to the order of payment that is established between several creditors that have a same debtor, at present in our legal system is regulated such order, however there is a certain contradiction with those established in the Organic Code of The Childhood and Adolescence, since it is this norm mentions that the best interest of the child must weigh on any right, which contradicts the Civil Code when finding the right foods in a non preferential place. In the new General Organic Code of Processes establishes only the mechanisms to carry out the competition of creditors, but does not make any reference to the payment order of the creditors. Reason why when there is some confusion in the current standard the researcher has seen the need to carry out the present investigation and give a solution to the problem raised, through the reform of the Civil Code in relation to the priority of credits, is The alimony is the first place in the order of payment of credits owed.