La iniciativa probatoria de los jueces en los juicios civiles y el principio de imparcialidad

ABSTRACT: The civil sphere in the Ecuadorian State has been developed its beginnings with the Code of Civil Procedure (CPC) of 1869, which has lasted for several decades and is today replaced by the General Organic Code of Processes (COGEP), which comes into effect on May 22, 2016, exactly one year after having been published in the Official Registry Supplement No. 506, opening the doors to an oral system, based on the principles of the Constitution, international conventions human rights, the Organic Code of the Judicial Function and the COGEP which in its Art. 168 typifies the evidence to resolve better, a power given to the judge and regulated by the principle of impartiality, embodied in Art. 9 of the Organic Code of the Judicial Function (COFJ). These tools constitute the object of research in the Cortes and in the academic field, giving rise to this research, which aims to carry out a critical analysis of the application and practice of the test to resolve better and the principle of impartiality because the judge violates this principle. For this reason, the evidentiary initiative of judges in civil proceedings was analyzed through an analytical study of the application of the principle of impartiality to identify the limits of judicial interpretation and, for this, the conceptions, generalities, standards, and jurisprudence. The research is qualitative and quantitative, applying techniques and instruments such as the survey, which was directed to the judges of the Civil Unit, to the judges of the Civil Chamber, and to the lawyers in free practice of the city of Riobamba and based on the analysis of the results obtained, with the deductive method it has been possible to verify that there is a violation of the principle of impartiality in the application of the test to resolve better. Finally, based on what was stated in the results, the conclusions and recommendations were formed, and the information on the research topic was captured. Keywords: evidence to better resolve, principle of impartiality, power of the judge, evidentiary initiative, investigative powers of the judge. Reviewed by: Mgs. Dario Javier Cutiopala Leon ENGLISH PROFESSOR c.c. 0604581066

• Autor principal: Cabezas Robalino, Evelin Andrea (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2024
• Assuntos: prueba para mejor resolver; principio de imparcialidad; facultad del juez; poderes de instrucción del juez
• Acesso em linha: http://dspace.unach.edu.ec/handle/51000/12259