La responsabilidad extracontractual del Estado ecuatoriano y el derecho de repetición derivada de la deficiente administración de justicia
The non-contractual liability of the State arises from conduct that may originate in the act or fact of the legislative, judicial, or administrative bodies. From the preceding, it follows that the State may affect the administered, through issuance's laws, through the power to manage justice al...
সংরক্ষণ করুন:
| প্রধান লেখক: | |
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| বিন্যাস: | bachelorThesis |
| ভাষা: | spa |
| প্রকাশিত: |
2022
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| বিষয়গুলি: | |
| অনলাইন ব্যবহার করুন: | http://dspace.unach.edu.ec/handle/51000/8550 |
| ট্যাগগুলো: |
ট্যাগ যুক্ত করুন
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ট্যাগ যুক্ত করুন | সংক্ষিপ্ত: | The non-contractual liability of the State arises from conduct that may originate in the act or fact of the legislative, judicial, or administrative bodies. From the preceding, it follows that the State may affect the administered, through issuance's laws, through the power to manage justice also in the fulfillment of the functions of public servants in the exercise of the administrative function. In this context, this research work analyzes the responsibility of judicial servants. It is necessary to observe Article 11, numeral 9 of the Constitution of the Republic of Ecuador, which establishes that the State will be responsible for: arbitrary detention, unjustified delay, and inadequate administration of justice, which forces the judicial servants to act with due diligence, respecting the rights of the procedural subjects and observing adequate judicial protection and the guarantees of due process; as well as they also must act with righteousness, efficiency, and professional ethics, to give citizens confidence. In the investigation, the qualitative investigation modality was used, which allowed identifying that the State has incurred in tort liability and has had to dispense economic values to the victims of the deficient administration of justice, which is why it has exercised the right of repetition against judicial servants. However, to date, it has not been able to recover the amounts that have caused damage to the State, which shows that the right of repetition has not been adequately applied in Ecuador. The synthetic, analytical method was also used. The legal norms, doctrine, and jurisprudence regarding the extra- contractual liability of the State in the judicial sphere and the right of repetition were identified and analyzed. |
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