Calidad del acta transaccional como título ejecutivo o de ejecución, y la falta de normativa en el COGEP para su judicialización, en Guaranda, año 2022.

A transactional document is a legal document through which the parties involved in a conflict or dispute reach an agreement to resolve their differences outside of the judicial process. This agreement is made consensually and aims to avoid litigation or put an end to one that has already started. The record includes the terms and commitments reached by the parties and once signed by them and, in some cases, approved by a judge, it can have the character of an executive title, which means that it has legal force to be executed if necessary. In other words, if one of the parties does not comply with what was agreed, the other can ask a judge to order the execution of what was agreed in the minutes. The executive titles, these contain a clear, pure, determined and currently enforceable obligation, which one party must fulfill in favor of another, and if this obligation is not fulfilled voluntarily, the creditor can go directly to the administration of justice to request that through a executive process in a sentence is ordered to be complied with. In the case of execution titles, these are documents that establish credit or other rights, which have sufficient authenticity and firmness that allow their holder to initiate a direct judicial execution process without the need for a prior trial to determine the existence of the obligation contained therein. The population considered in this investigation were the judges of the Civil Judicial Unit based in the Guaranda canton and free practicing lawyers from the same canton, with extensive knowledge on the subject, who will be selected according to the inclusion criteria. The technique that was applied was the survey with a closed questionnaire, and information was collected with the help of a documentary analysis guide, to establish the theoretical and doctrinal part of the research. Keywords: transactional document, executive title, execution title.

• Yazar: Calero Balarezo Johnny Ismael (author)
• Materyal Türü: bachelorThesis
• Baskı/Yayın Bilgisi: 2025
• Online Erişim: https://dspace.ueb.edu.ec/handle/123456789/8080