La falsa procuración como solemnidad sustancial en materia civil

In our country today there are thousands of processes that have been established on the basis of a judicial enforcement and which in many cases has been detected false Attorney irregularity , irregularity caused it to affect the litigants , the top judicial economy and mainly deception justice promoted .The false proxy, which is the willful intervention of a legal professional in a judicial proceeding , in recent years , has caused lot of claims that are virtually non-existent are entered for processing, and thus unnecessary consumption of economic resources and human state , are currently in conduct by court prosecutor , initiates by actors both as defendants , much of processes , this situation becomes a problem of national scope , and therefore of interest and competence of both authorities , as citizenship , public and private institutions , in other words intrudes the entire Ecuadorian society. The procedural nullity sanction exclusively only for reasons previously established by law; when on the contrary should be one of the best regulated figures and developed by our procedural system in recognition of the "negative" consequences that might mean for the process , such as becoming the perpetual protection of procedural delay and without reason, as seems to be happening now with the false proxy, in that sense I can say that the judge should act according to the requirement of formalities , ie the achievement of the objectives of the process, thus nowadays apply and rightly the principles of specificity , instrumentality, importance, recognition and protection, developed by doctrine and jurisprudence, without whose concurrence states proceed no declaration of invalidity , principles fully apply and concurrent judicial enforcement . In other words, it would be ignoring their legal nature, rationale, or in any case not knowing his true procedural and legal validity . The problem is compounded by the lack of standards effectively criminalize and punish conduct false proxy , which is not legal solution is both the Penal Code , the Code of Judicial Function , and Regulation for the Implementation of the Disciplinary Regime Lawyers and Attorneys in the sponsorship of causes. Considering all the above and circumstances mainly loophole that has allowed or would in the future new unfair and illegal prosecutions, is that I have considered to analyze and investigate the proposed issue and raise a legal reform to be considered as a possible solution for the project proposed in this thesis .

• Egile nagusia: Ruiz Hernández, Kléver Patricio (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2015
• Sarrera elektronikoa: http://dspace.unl.edu.ec/jspui/handle/123456789/15485