Análisis del procedimiento de remate de bienes embargados en la legislación ecuatoriana

The system of auction of seized goods in Ecuadorian legislation is the procedure that applies to real and personal property, rights or shares of the executed party, for an unpaid debt, a procedure through which it is intended to collect the necessary economic resources for the compliance of the writ...

पूर्ण विवरण

में बचाया:
ग्रंथसूची विवरण
मुख्य लेखक: Rubio Suárez, Anahí Mayli (author)
स्वरूप: bachelorThesis
प्रकाशित: 2024
विषय:
ऑनलाइन पहुंच:https://repositorio.puce.edu.ec/handle/123456789/43088
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विवरण
सारांश:The system of auction of seized goods in Ecuadorian legislation is the procedure that applies to real and personal property, rights or shares of the executed party, for an unpaid debt, a procedure through which it is intended to collect the necessary economic resources for the compliance of the writ of execution, safeguarding the creditor's right to demand the compliance of the obligation. In view of this problem, the question of a possible shortcoming in this online auction procedure arises. Two of these possible shortcomings are the lack of knowledge of the users regarding the online system and the lack of publicity of the auctions. For this reason, the interest in this research entitled 'Analysis of the procedure for the auction of foreclosed assets in Ecuadorian legislation', whose general objective was to evaluate the effective application of the fundamental principles of equal access to the system, speed, transparency, efficiency and publicity in the process of auctioning assets. The research was of the documentary type, with a qualitative approach and its level of depth was descriptive. The methods used in this research were hermeneutic, with the support of the normative method, synthetic analytical method and deductive method. The technique used was documentary, with the support of the interview. The results of this research were broken down according to the principles of equal access to the system, celerity, transparency, efficiency and publicity in the process of auction of assets, together with the criteria of Judges specialized in civil matters. In conclusion, it was determined that, although the Judiciary Council's Online Auction web page publishes the assets subject to auction, this does not fully guarantee the dissemination and publicity of the same to interested persons.