INCONSTITUCIONALIDAD DEL JUICIO VERBAL SUMARIO CUANDO SE SUSCITA CONTROVERSIA ENTRE EL ABOGADO Y SU CLIENTE POR PAGO DE HONORARIOS, POR CUANTO NO SE PERMITE RECURRIR DE LA RESOLUCIÓN, NI AÚN A TRAVÉS DEL RECURSO DE HECHO

The Constitution of the Republic of Ecuador guarantees the rights of individuals in all their manifestations; however, when a lawyer in free exercise and his/her client are disputing any sponsoring or defending a cause for fees, the collection is produced by verbal summary trial and this process does not allow any appealing even through the use of the fact resource. As a result of that the right to use a resource that permits the Constitution of the Republic of Ecuador has being affected, although these guarantees are efficient and tend to protect the rights of this sector are vulnerable because they do not have the right to appeal the sentence and this would end the process. All this implies that there is an inefficient application and the faithful and strict observance of constitutional principles in favor of litigants within our legislation, such as Art.76, of our Constitution, with regard to due process; as well as Art.75, of the same Code, which concerns get in the administration of justice in an effective, impartial and expeditious protection. Thus we are faced with a contradiction if the State is responsible for providing guarantees and protect the parties, as required by the Supreme Regulations because in the event of a dispute between the lawyer and his client for payment of fees, it is not allowed to resort to an appeal, these errors make the rights of litigants from being raped or violated. 5 This becomes flagrant violation of the Universal Rights and International Treaties creating uncertainty and undermining the rights, which are enshrined in the Constitution of the Republic of Ecuador. My research is aimed at establishing the unconstitutionality in the Verbal Summary Judgment in the case of a dispute between the lawyer and his/her client by not allowing the judges’ resolutions have the legitimate right to appeal the ruling to the appeals or Indeed, they tend to ensure proper development of the constitutional and legal norms.

• المؤلف الرئيسي: Tenezaca González, Katherine (author)
• التنسيق: bachelorThesis
• اللغة: spa
• منشور في: 2016
• الموضوعات: derecho; juicio verbal; suscita controversia; recurso de hecho
• الوصول للمادة أونلاين: http://dspace.unl.edu.ec/jspui/handle/123456789/11710