Las certificaciones de los saldos de sobregiros en cuentas corrientes bancarias como títulos ejecutivos, ante los requisitos del procedimiento ejecutivo del art. 348 del COGEP.
The Organic General Code of Processes determines the requirements that executive titles must meet in order to be substantiated through this specific procedural route. Article 619 of the Ecuadorian Commercial Code grants the certifications of overdraft balances, issued by an authorized public account...
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| Format: | bachelorThesis |
| Izdano: |
2025
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| Teme: | |
| Online pristup: | https://dspace.ueb.edu.ec/handle/123456789/8238 |
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Dodaj oznaku | Sažetak: | The Organic General Code of Processes determines the requirements that executive titles must meet in order to be substantiated through this specific procedural route. Article 619 of the Ecuadorian Commercial Code grants the certifications of overdraft balances, issued by an authorized public accountant, the character of an executive title. This implies that the bank can initiate an executive collection process by presenting only said certification, without the need for a prior trial. However, Article 348 of the Organic General Code of Processes establishes specific requirements for an obligation to be enforceable through an executive process: it must be clear, pure, determined, currently enforceable and, in the case of a sum of money, liquid or liquidable through arithmetic operation. From the regulations, the question arises as to whether Do the certifications of debtor balances, as described in Art. 619 of the Commercial Code, comply with the requirements of Art. 348 of the Organic General Code of Processes to be considered valid executive titles, especially with regard to the requirements of purity and clarity of the obligation to be executed? This research analyzes the viability of debtor balance certifications as executive titles in the Ecuadorian financial system. It focuses on the contradiction between the Commercial Code, which grants certifications of accountants the character of an executive title, and the Organic General Code of Processes, which establishes specific requirements for the execution of obligations. 4 In this research, a survey with multiple-choice closed questions and a documentary analysis guide were used to collect theoretical, doctrinal, and jurisprudential information relevant to the subject of study. Keywords: overdraft balances, executive title, requirements of purity and clarity of the obligation. |
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