Necesidad de establecer causales de improcedencia de la demanda, en el proceso civil ecuatoriano

One way of conceiving the judicial process is a set of actions whose ultimate objective of satisfying individual interests of the parties established in their respective claims that are ordered on demand (or counterclaim) and exceptions; being entirely practical. What is sought in the process, is the realization of the legal order in specific cases, in order to ensure the proper administration of justice. Alleged a violation of legal relations, the affected party must go to a body of the judiciary, exerting its action, which results in practice in a lawsuit, which is the means to put in activity judicial power of the State. This hearing must take place in a clear, specific and precise. Demand is the introductory act of the process and is critical, since it our intention to ask, to get something that is of interest plaintiff materializes. Our Civil Procedure Code establishes the general requirements that must be included in the application and the documents that must accompany it. The judge directing the process must qualify demand and according to our legal system allows you to do this in two ways: 1. Declares that the application is admissible if it satisfies the legal requirements of form and are added the necessary documents; and, 2. Declares that the application is inadmissible when not meet the formal requirements or extrinsic called. But the doctrine, comparative law and new process flows, are inclined to empower the judge to declare that a claim is irrelevant, if not qualify intrinsic background or process requirements. The judge declared inadmissible the demand for flat and by duly reasoned decision. The initial consolidation of the process in other legislation, such as determining the cases in which proceeds rejection in limine flat or demand, it is important to ensure effective and efficient access to the justice system, and there is no loss of time or economic resources. The inadmissibility of demand is a negative rating, for which demand is rejected by not having minimum fund requirements that deal with the procedural budgets by and conditions of the action. Hence the importance and significance of this work, to learn about the doctrine and comparative law regarding the procedural legal act of the inadmissibility of the application, to determine whether it is appropriate that in our legal system will incorporate it into civil proceedings, in specific cases, to ensure effective judicial protection and the right to due process. Analysis that must be performed, considering that we are in a constitutional state of law and justice, which must implement the principles of speed and economy.

• Autor principal: Carrión Mera, Paúl Alexander (author)
• Formato: bachelorThesis
• Lenguaje: spa
• Publicado: 2015
• Materias: DERECHO; NECESIDA DE ESTABLECER CAUSALES DE IMPROCEDENCIA DE LA DEMANDA
• Acceso en línea: http://dspace.unl.edu.ec/jspui/handle/123456789/13584