La declaración de abandono y el derecho de petición en la realidad procesal ecuatoriana

Abstract

To establish the problematic context of the investigation, it is appropriate to refer to the provisions of the second paragraph of Article. 249 of the General Organic Procedural Code (2015), hereinafter referred to as "COGEP", which establishes that, when if the abandonment is declared for the first time in the first instance, the plaintiff may file a new action on the same claims, after six months from the order declaring it. If the waiver of the same claim is declared for the second time, the right is extinguished and no further claim can be made. Data collection in qualitative research is based on obtaining accurate, reliable and relevant information. This is done by researching primary and secondary sources. These sources can be documents, interviews, observations, surveys, and others. The information obtained from these sources is used to identify and analyze patterns, trends, relationships, and other important information. It is concluded that the declaration of abandonment is an important procedural figure that is used to terminate the process early. This has important consequences, such as the cancellation of preventive orders and the possibility of filing a new lawsuit on the same claims. If the plaintiff files a claim on the same subject twice and the court declares it abandoned both times, the right is extinguished, and no new claim can be filed. Finally, if the abandonment is declared in the second instance or the extraordinary appeal, the appeal or said appeal will be deemed to have been withdrawn, and the resolution appealed will be final, and the proceedings will be returned to the court or judiciary from which they came.