Declaratoria de abandono por segunda ocasión sobre la misma pretensión ante el derecho al acceso a la justicia, en Guaranda, año 2022.
Access to justice is a fundamental right that allows people to assert their rights before the law. This right is important because it guarantees that all people, regardless of their social, economic, racial, ethnic, gender or sexual orientation, can access an impartial and equitable justice system....
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| Médium: | bachelorThesis |
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2025
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| On-line přístup: | https://dspace.ueb.edu.ec/handle/123456789/8167 |
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Přidat tag | Shrnutí: | Access to justice is a fundamental right that allows people to assert their rights before the law. This right is important because it guarantees that all people, regardless of their social, economic, racial, ethnic, gender or sexual orientation, can access an impartial and equitable justice system. The figure of abandonment established in the General Organic Code of Processes (COGEP) occurs when the procedural parties have ceased their prosecution during the period of six months counted from the day following notification of the last ruling. This is interpreted as a lack of interest in continuing with the process and therefore the rule punishes this inactivity. The effects of abandonment are the cancellation of the preventive measures that have been ordered in the process, and the impossibility of filing a new lawsuit on the same claims. Abandonment is a legal figure that aims to guarantee the speed, efficiency and economy of the process. However, it can also have negative effects for the parties involved, since it prevents them from obtaining a resolution of their claims. Keywords: abandonment, lack of procedural momentum, access to justice. |
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