Incorporación de una fase previa a juicio en materia civil, como forma de descongestión del sistema judicial y de resolución de conflictos en el Ecuador.

Ecuador, constitutional state of rights and justice, currently has a system for the administration of justice through the judicial function collapsed, this is caused by several factors, including: the saturation of existing courts by the caseload, absence of appropriate means to solve cases, poor pr...

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Bibliografiske detaljer
Hovedforfatter: Rivadeneira Maldonado, Juan Carlos (author)
Format: bachelorThesis
Sprog:spa
Udgivet: 2014
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Online adgang:http://dspace.udla.edu.ec/handle/33000/1778
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Beskrivelse
Summary:Ecuador, constitutional state of rights and justice, currently has a system for the administration of justice through the judicial function collapsed, this is caused by several factors, including: the saturation of existing courts by the caseload, absence of appropriate means to solve cases, poor preparation of staff in charge of each trial, corruption in the courts and an decrepit system of procedures; which has only contributed to Ecuadorian people , no longer attend to the ordinary courts for justice and lose faith as the resolution of lawsuits, because they do not get a prompt response to their legal claims and if they get a resolution it takes a long time, therefore does not occur procedural celerity guaranteed in our Constitution. There are alternatives methods to solve conflicts, the same that are created in order to find a way to help in less time to get a resolution of a dispute between people; these are applied only in tradable matter. For this reason, the Civil Judge in Ecuador, a person who has a high case load, and legally has the power to intervene in a lawsuit, through this work we are looking for the direct participation of the Judge as a direct character to that through the different alternative methods to conflict resolution, in one stage before trial, help the sides reach an agreement that could end a legal dispute and solve their disputes in less time, so it contribute to the decongestion of the courts of the country.