La constitución en mora vía notarial en los contratos bilaterales

This research was carried out based on a normative, doctrinal, and jurisprudential analysis of the legal institution of the constitution in default via notary in bilateral contracts and its incidence in collection actions in order to know the incidence in collection actions, its procedural, comparative law and the forms of the constitution in default, analyzing the current regulations established in the General Organic Code of Processes and the different legislations. The work had as a methodological basis a quantitative approach, which was established through a survey that had as a tool a questionnaire that was applied to judges and notaries of the city of Riobamba. It was determined that the constitution in default via notary has its origin in the reform of the Notary Law, published in the Official Register Supplement 506, which granted the power to notaries to require the debtor to constitute in default. However, this was not established with the correct procedure to channel the act. In this sense, due to the inexistence of a regulated process, this represents a legal vacuum that generates uncertainty and distrust when constituting a person in default through a notary. Thus, it was determined necessary to regulate the constitution in default via notary with the same procedures established in the Ecuadorian Civil Code, together with the terms and deadlines presented in the COGEP, so that notaries and judges have the certainty of executing a legal procedure regulated and protected by the legal regulations in force.

• Үндсэн зохиолч: Paredes Naranjo, Robinson Andrés (author)
• Формат: bachelorThesis
• Хэл сонгох: spa
• Хэвлэсэн: 2023
• Нөхцлүүд: Constitución en Mora; Notario; Obligación; COGEP; Código Civil
• Онлайн хандалт: http://dspace.unach.edu.ec/handle/51000/11056