El derecho al recurso contra el auto que declara el desistimiento tácito en el COGEP.
Article 256 of the COGEP sets forth the requirements for the admissibility of the appeal, including the order that decrees tacit withdrawal due to the abandonment of the process by the parties. The legal framework itself establishes the withdrawal of the claim, which may occur at any stage of the pr...
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| Format: | masterThesis |
| Sprache: | spa |
| Veröffentlicht: |
2025
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| Schlagworte: | |
| Online Zugang: | http://dspace.unach.edu.ec/handle/51000/14932 |
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Tag hinzufügen | Zusammenfassung: | Article 256 of the COGEP sets forth the requirements for the admissibility of the appeal, including the order that decrees tacit withdrawal due to the abandonment of the process by the parties. The legal framework itself establishes the withdrawal of the claim, which may occur at any stage of the process and prior to the judgment, with the consequence that no new claim can be filed. As the order declaring tacit withdrawal is not an interlocutory order, an appeal is not admissible. Consequently, in practice, the affected procedural party is left in a state of defenselessness. To reach this conclusion, a qualitative, documentary-based research approach was undertaken. The sources were analyzed using the methods of analysis and synthesis, induction and deduction, legal exegesis, and comparative legal analysis. The research has a descriptive-correlational scope, presenting a legal-institutional analysis of procedural abandonment and the possibility of appealing the order that declares it when tacit withdrawal is established. The result of the doctrinal and normative study is contrasted with the opinion of judges in non-criminal matters, who argue that, in principle, the appeal of the order declaring tacit withdrawal should be allowed in order to avoid leaving the affected party in a state of defenselessness. The main finding is a characterization of the right to appeal and tacit withdrawal, leading to the conclusion that by not allowing the affected party to appeal the aforementioned order, they are left in a state of defenselessness. Key words: right to appeal, challenge, withdrawal, ordinary appeal, defenselessness. This research was qualitative to examine relevant theoretical and normative sources; a documentary type that involves a study of legal dogmatic and case studies; and non-experimental as it took variables as they occur in theory and practice. The research finding aims to identify whether the norm for obtaining personal apprehension warrants due to default in child support needs to be reformed to uphold the principle of procedural speed. |
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