Reforma al artículo 147 numeral 1 del Código Orgánico General de Procesos en lo que respecta a la inadmisión de la demanda cuando el Juez se declara incompetente, a fin de que se tipifique que dicha inadmisión y el posterior archivo de la demanda solo se dará en razón de la materia
This degree thesis is entitled: “Amendment to article 147 numeral 1 of the General Organic Code of Processes with regard to the inadmissibility of the claim when the judge declares himself incompetent, in order to classify that said inadmissibility and the Subsequent filing of the claim will only be...
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| Format: | bachelorThesis |
| Idioma: | spa |
| Publicat: |
2024
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| Matèries: | |
| Accés en línia: | https://dspace.unl.edu.ec/jspui/handle/123456789/29147 |
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Afegir etiqueta | Sumari: | This degree thesis is entitled: “Amendment to article 147 numeral 1 of the General Organic Code of Processes with regard to the inadmissibility of the claim when the judge declares himself incompetent, in order to classify that said inadmissibility and the Subsequent filing of the claim will only be given based on the matter”, where the interest of the object of study is to be able to make a change in the General Organic Code of Processes, thus allowing the principle of due process in the guarantee to be respected. Of effective judicial protection, since this principle is a basic guarantee to ensure the protection of human rights in any legal cause. The inadmissibility of a claim for incompetence and its subsequent filing refers to a situation in which the Judge or Court refrains from proceeding with the claim because they do not have the jurisdiction or competence to hear the matter in question. In other words, if the judge determines that he does not have the legal competence to hear the case presented by the plaintiff, he can decide to reject the lawsuit and file it. 4 In this case, the plaintiff can file the claim before the competent judge or court. It is important to note that the incompetence of the Judge or Court can be of different types, such as the lack of territorial jurisdiction, personal jurisdiction, degree and matter. Given the aforementioned, it is necessary to indicate that it seeks to maintain the good image of the State, as well as guarantee that citizens have the proper fulfillment of their rights, so that the State can comply with its obligations. In the present thesis, materials and methods were applied that allowed the development of the investigation, in addition, interview and survey techniques were used with legal professionals, results that helped to propose the current legal reform project to the General Organic Code of Processes, with The purpose of establishing the inadmissibility of a claim due to the judge’s incompetence must be given solely and exclusively by reason of the matter, since when there is incompetence by reason of the territory, degree and personal jurisdiction, the inhibition proceeds.. |
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