Jurisprudencia y Ciencias Sociales
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Item as excepciones del deudor ejecutivo en el Código Orgánico general de procesos y el derecho a la defensa de las personas(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Capuz Guananga, Cesar Gustavo; Tipantasig Cando, Jaime TarquinoIn Ecuador, we have opted for the implementation of the new oral system, which is applied for the processing of civil proceedings. However, through this investigation, the analysis is developed on the restriction of the approach of exceptions by the debtor Executive as determined by the General Organic Code of Processes, and violation of the right of defense recognized in the Constitution of the Republic of Ecuador. It is understood that people who are defendants in an executive proceeding are at the expense of the plaintiff, since there are two unique instruments that appear in a civil trial, these are: the most appropriate instrument for the exercise of Action, is the demand; And, on the other hand, the most appropriate instrument for exercising the right to defense in civil proceedings, are the exceptions, so if the legislator interferes in these two conflicting legal powers (action and exception), it is favoring one and Hurting the other. In view of the above, it should be pointed out that the purpose of the present investigation is to demonstrate that, because there is a restriction on the formulation of exceptions in an executive proceeding, the right to defense is violated, as well as breach of the guarantees recognized in the Constitution of The Republic of Ecuador