Necesidad de regular el código de procedimiento civil, en relación que se prohíba como excepción la negativa pura y simple de los fundamentos de hecho y de derecho en la contestación a la demanda

Article 76 of the Constitution of the Republic of Ecuador establishes the right to self-defense, and to secure guarantees several basic points , which in turn are widely developed in the procedural regulatory bodies. Therefore, it is not enough to argue generically that have hit this warranty, but must specify the provisions of procedural law that develop. When contentious nature of demand and transfer are part defendant libel, the answer is presented to the application as one of the main events of the process. As the applicant uses the demand to raise their dispute, formulate their requests and pursue a favorable ruling, so the defendant has a similar instrument to operate their defenses, litigation and clarify their request to dismiss the claims of the first. In civil proceedings, the trial lawyers in response to the lawsuit against the customers, suggested as plain and simple exception of the factual and legal demand negative derogation feel this mother. For this situation the court must observe all exceptions that may exist in a process, which means that the judge be aware that the defendant denies the claims in the application and justify the actor corresponds in all respects. Based on this criterion, it would suffice to include only that single "exception" so that the judge can review all possible arguments or evidence presented in the case that could undermine demand, even if the defendant does not have sealed to and even course or even warned. For this event I thought desirable to establish that the answer to the application, which is prohibited by the Code of Civil Procedure, the outright refusal of the factual and legal basis of the answer to the application, it does not include no proper legal defense. It's so indicating on Litis has stuck with the simple refusal of the merits of the claim could not force the judge, under penalty of his failure to be considered incongruous, to review all the arguments of the possible defenses , so that who make this negative defense is considered sterile, which the Ecuadorian Code of Civil Procedure, must require that claims the actor noted, this makes legal professionals know the specific parameters of the title, answered the demand with a strategy defense that really favors the customer, tending ultimately, to provide the desired legal certainty seeking uniformity of judgments that judges determinations regarding consideration.

• Հիմնական հեղինակ: Buele Satama, Alcides (author)
• Ձևաչափ: bachelorThesis
• Լեզու: spa
• Հրապարակվել է: 2014
• Առցանց հասանելիություն: http://dspace.unl.edu.ec/jspui/handle/123456789/15245