Las consecuencias que genera la declaratoria de abandono en un proceso ejecutivo según legislación ecuatoriana

Abstract

Our judicial system in search of effective compliance with laws, rights and obligations, is constantly in change in all fields of civil law, consequently in executive procedures, therefore, the fulfillment of a credit obligation is required. For this reason, this research aims to determine the consequences generated by the declaration of abandonment in an executive process. To achieve the objective of the research, a qualitative methodology was used in order to start with basic concepts of the problem, the quantitative methodology was also used because data on income from causes were obtained in the executive procedures, within the different civil and multi-competent units of the province of Tungurahua. This has made it possible to conclude that most of the population that uses the executive procedure to demand compliance with a credit obligation, by not promoting the process, together with the short term to declare abandoned, can not subsequently make their right to collect the money loaned through effective preventive measures such as seizure, prohibition of alienation, kidnapping, retention and entrenchment.