Análisis del juicio monitorio. Propuestas de configuración legal para el nuevo procedimiento monitorio ecuatoriano

Identificador:  TDX:3830

Handle: https://hdl.handle.net/20.500.11797/TDX3830

Autors:  Bajaña Kittyle, César

Resum:
The small claims technique has been incorporated into the Ecuadorian legal system, through the small claims court, in force since May 23, 2016 and provided for in the General Organic Code of Processes (COGEP), approved on April 26, 2015 and published in the Official Register, on May 22, 2015. The study and analysis of the Ecuadorian order for payment procedure in the present thesis is essential to detect mistakes and legal gaps not foreseen by the legislators of the National Assembly, which will allow proposing legal reforms that ensure the success achieved by this procedural tool in other countries, even more so, considering the fact that the ecuadorian civil proceedings system has the advantage of having an determined payment system compared to the others, in which the opposition does not extinguish the payment order, but is substantiated in the same procedure, in a single hearing, as will be explained ahead in the development of this research.