La citación a través de un medio de comunicación y los derechos de los ecuatorianos que han salido del país que no constan en el registro consular

ABSTRACT: The present research work corresponds to an analysis about the summons through a means of communication and the rights of ecuadorians who have left the country that do not appear in the consular registry. The summons is the action of the judger in order the person is aware it is a procedural part, which means, to make it known that a judicial process is being followed against him. According to article 53 of the general organic process code. To summon through a means of communication occurs when it is impossible determinating the domicile or residence of the defendant. In the case of this investigation, when a person is outside the country, they will be summoned by the consulate, presenting the certificate of human mobility stating that he left the country and if it appears in the consular registry, according to article 56, numeral 2, second paragraph of the general organic code of processes. Because it is the right of a branch of social sciences, the research methodology that predominates is qualitative. In this research, the inductive method was used and developed which facilitated reaching general conclusions, and the analytical and investigative method was used to achieve a better understanding of the problem being investigated by carrying out a critical, legal and doctrinal analysis. The surveys that are specific were carried out on the judges of the civil judicial unit based in the Riobamba canton, the results were that the summons by a media outlet and by the consulate posters are not entirely effective. The conclusion was reached that, for the summons through posters at the consulate, the defendant who is not in the country must appear in the consular registry, in the city of Riobamba it is not a completely effective method in the civil area, because not all migrants attend the consulate frequently, if it is not included in the consular registry, if it is not included in the consular registry, it will be summoned by a means of communication.through a means of comunication and consulates, the analysis of a possible violation of the right to defense of people who left the country and who don't appear in the consolar registry. For that, the inductive method was generally abandoned, which is what every person, student or legal professional can realize. The surveys that are specific, carried out to judges of the civil judicial unit based in the legal canton of Riobamba, the analytical and investigative method was also implemented through critical and doctrinal analysis to determinate the efectiveness of the summons though a means of communication and the righs of Ecuadorians who left the country and don't appear in the consuldar registry.

• Glavni avtor: Alvarez Almeida, Karen Michelle (author)
• Format: bachelorThesis
• Jezik: spa
• Izdano: 2024
• Teme: Derecho; Defensa; Migrante; Registro Consular
• Online dostop: http://dspace.unach.edu.ec/handle/51000/12302