El cheque posfechado y la normativa legal del Código Orgánico monetario y financiero

Abstract

This research project is of vital importance which aims to analyze the use of the post-dated check for the payment of money, since the check has become a means of disbursement, because it replaces the money at the time of making a transaction This mechanism is a tool used by a large number of people within Ecuador because it was found legislated since 1963 in the Checking Law, and currently in the Monetary and Financial Organic Code, the check is a bank title, which born and made effective in a financial entity. The post-dated check, as it is commonly known, is not regulated within Ecuadorian legislation, being novel, which is why the need to investigate the problem arises because the use of this means of payment is illegal, because used by the custom of the people with which it becomes an unwritten law, thus generating an incorrect handling of the check with their payment method. When delivering a post-dated check, both the creditor and the beneficiary receive the commitment to collect a certain value, however, if the value established in a period less than the stipulated period is to be collected, the financial entity cannot make the payment, for such reason the cancellation agreement is merely contractual between the parties, without there being a sanction or a regulation that regulates the turn of these post-dated checks, which will have a great impact on society. Therefore, through this investigation it will be possible to identify the different civil and criminal actions generated by the use of a post-dated check, suggesting the incorporation of a law that regulates the use of it within Ecuadorian legislation, which will benefit users with a credit backup, collection facility, always backed by the different financial institutions.