Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.PROCEDIMIENTO EJECUTIVO

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    La sentencia dictada por falta o incorrecta contestación a la demanda en procesos ejecutivos de letra de cambio y el derecho al debido proceso
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09) Onofre Martinez, Donovan Samuel; Jordan Buenaño, Jeanette Elizabeth
    The Executive Procedure is a type of special procedure that is based on the expeditious collection of an obligation contained in any of the instruments classified as enforceable, such as the case of the bill of Exchange. However, in the Ecuadorian legal system, the overprotection of the plaintiff has transformed this procedure into an excessively privileged means of collection that undermines the fundamental rights of the defendant. There are many ways in which this aspect is externalized, however, its maximum expression is the judgment that is issued when the defendant does not answer the claim or when he does so incorrectly, because it produces two notably harmful legal effects. The first, that the judgment is issued without the need to convene a hearing and the most harmful, that the judgment takes on the character of res judicata immediately it is pronounced, which means that the defendant cannot file any appeal. By virtue of the above, this paper focused on analyzing whether the judgment issued for the lack or incorrect response to the claim in executive proceedings for the collection of bills of exchange violates the right to due process. For this purpose, the research was developed under a theoretical-documentary scheme, with the aim of studying in detail the concepts, foundations and criteria of legal institutions, thus allowing to solve with sufficient legal rigor the problems and questions of the work. Likewise, the research was carried out under a qualitative approach that arrived at three levels: exploratory, descriptive and explanatory. Meanwhile, the research methods used were: systematic, analysis-synthesis, comparative law and constitutional interpretation. On the other hand, techniques such as content analysis and documentary analysis were used to achieve clear and useful results that gave a concrete answer to the research problem. Among the main findings, it was found that the judgment under study violates the right to due process in the guarantee of defense, specifically in the guarantees of being heard under equal conditions and appealing. Finally, it was concluded that it is necessary to amend Article 352 of the COGEP, which is where this judgment is regulated, in order to safeguard the fundamental rights of the defendant and to adapt its regulation to Latin American international standards.
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    Las certificaciones de los saldos de sobregiros emitidos por contador público autorizado como títulos ejecutivos en ejecucion de deudas en cuentas corrientes
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Vaca Dominguez, Alexis Josue; Vayas Castro, Guillermo Santiago
    In the present research work titled “The certifications of overdraft balances issued by an authorized public accountant as executive titles in execution of debts in current accounts” it meant to analyze the form of the Commerce Code on its 619 article, which was published on 2019 during Guillermo lasso’s presidential period. The reform introduced three new executive titles, and this research will focus on the certifications of overdraft, analyzing its creation, characteristics and executive nature of this process. Under this lineage, there is an executive contradiction between the magistrates and the imposed norm due to what is stablish on the General Organic Code of Processes (GOCP) of the requirements needed in an executive title to be admitted in this certification process. In the requirements said certification of overdraft balances do not fulfill all requirements since it only comes form an authorized public accountant of the entity itself, which compromises the purity of the executive title because of the non-existent will and knowledge of the debt imposed. Under these preceptors, the goal is to avoid the venularization of the right to a heritage and the right of a defense for the main active of the account. This investigation was made on a Mix point of view and focused on a mix theory, using a qualitative focus as well as a quantitative focus too, with the purpose of being able to analyze the doctrine over the executive titles including their laws, regiments and jurisdictions. In addition, the perspective of specialists on Civil rights were considered, Judges of the Civil Unit in Ambato city. To ensure the investigation, surveys over the information of overdrafts and how their process was taking place on the executive level were done to usuaries of the Banks. In conclusion, certifications of overdraft balances issued as a executive title affect the rights to the account holder and a reform should be stablished in the 619 Article of the Commerce Code of Ecuador
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    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 Tarquino
    In 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