Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Guamán Fuentes, Maryuri SolangeSubject: search.filters.subject.ABANDONO

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    El principio de irrenunciabilidad de los derechos de los Trabajadores y el abandono del proceso
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-04) Guamán Fuentes, Maryuri Solange; Masabanda Analuiza, Galo Iván
    According to the General Code of Processes - COGEP-, the abandonment is one of the extraordinary ways to end a process, the abandonment of a legal cause could be declared by a judge ex officio or at the request of a party, once 80 days have elapsed since the last notification of the last ruling in a process, being that now the procedural parts in non-criminal trials that have not requested anything from the judge will automatically fall into abandonment. The expiration is a way to extinguish the procedural relationship, which takes place after a certain period of time in a state of inactivity. It does not extinguish the action but makes the procedure void, that is, it extinguishes the process with all its procedural and substantial effects. From what has been said, abandonment is the lack of activity on the part of the actor in the process, leaving or renouncing the impulse of the cause, there is a tacit separation of both the instance and a resource. (Chiovenda G., 1987). The subjective element, are the parties, both actor and defendant, the actor that can be a natural or legal person, at the time the lawsuit begins its purpose is to continue and obtain the final result of a sentence, but for situations of carelessness or change of residence domiciliary does not promote the cause and grants a judicial procurement to the technical defense Art. 41 of the General Organic Code of Processes, are the agents who have power to appear at the process by the or the plaintiff or the defendant, and negligence The lawyer can cause the process to fall into neglect and violate the right of unfairness of the rights of workers.