Necesidad de reformar el art. 67 del Código De Procedimiento Civil para que se incluya o se anuncie de forma obligatoria la prueba en el juicio en el procedimiento Civil Ecuatoriano

This research work is to analyze the fact that it is essential to provide the civil justice current legislation, further doctrinal currents and most modern standards in this area that is a real help for operator’s justice that avoids manipulating processes and poor forensic practice and enabling the effective application of the principles of loyalty and good faith prosecution. Moreover, the slowness in the substantiation of implementation processes, where one of its main features is just the speed of the process, which in practice is not met, clearly constitutes a clear denial of justice and therefore should be simplified. Of course, always observing the guarantee of due process. The lack of a check on abuse of process, has greatly harmed the country, since it does not have banished all situations that have allowed trials are conducted with a maddening slowness, which are not only responsible for judges and courts, but litigants and their lawyers, even violating principles in the Constitution of the Republic of Ecuador, specifically in Section 169, such as simplification, efficiency, speed and economy. The suit is a procedural action by which the actor follows his claims, must meet to my view certain eligibility requirements, not only her but also in response to it, and one of them should be mandatory accompany proof or offer or advertise to be acting. One of the problems have not been solved in civil proceedings is the procedural surprise, since no act allows the evidence as they have not been expressly announced, naturally safeguards the event of failure to accompaniment to the claim or defense, should explain the reasons for such impairment, requesting further action. The notice must include the request for the performance of certain types of evidence that must take place before the hearing test, such as a search warrant. The accompaniment of the evidence, or your ad when the former is not possible, is extremely useful for debugging of the evidence. Indeed, the judge must qualify the relevance, usefulness conduciveness and media parties present at the preliminary hearing, discarding those that do not meet these requirements, what is observed is that the litigants come to process claims and defenses supported, that they are clearly contrary to good faith and fair trial is not properly practically

• Autor principal: Torres Moreno, Diego Daniel (author)
• Formato: bachelorThesis
• Lenguaje: spa
• Publicado: 2015
• Materias: EL PROCESO; EL JUICIO; EL DEBIDO PROCESO; LA PRUEBA
• Acceso en línea: http://dspace.unl.edu.ec/jspui/handle/123456789/8697