El proceso monitorio una protección jurisdiccional para poder ejecutar el cobro de obligaciones que no se encuentren garantizadas a través de un título ejecutivo

The main purpose of the payment procedure in the various laws in the world is to provide effective legal protection to execute the payment obligations or debts that a person or persons due to another or others, which are not guaranteed by an enforcement order, and not protected in the current Civil Code and Code of Civil Procedure. The Constitution of the Republic of Ecuador, in its Article 169 that determines: "EI procedural system is a means for the realization of justice. The procedural rules enshrine the principles of simplification, uniformity, efficiency, immediacy, speed and procedural economy, and make effective the guarantees of due process. Justice will not be sacrificed for the sole omission of formalities. "[1] The Code of Civil Procedure, in Article 413, which states: "They are enforceable: Part confession, made under oath before a competent judge; the ruling has become res judicata; copying and collating of authentic deeds; private documents recognized before a judge or notary public; bills of exchange; the promissory notes; wills; auction court records or copies of the documents duly notarized award, as appropriate; proceedings or other transaction containing obligations to give or do something; and other instruments that special laws give the character of enforceable "[2], determining which instruments are as executive title, and are enforceable collection through executive action. The aforesaid regulations allow us to determine that the payment procedure is an institution that is between the process of knowledge and executive judgment. When these different business activities are conducted with the use of different documents, which serve to determine that there is a handover of goods, determines the thing and amount, term, interest, and these are signed by the debtor or his seal, stamp or mark or any other sign, physical or electronic, from said debtor to the creditor, these documents can be invoices, delivery, certifications, telegram or facsimile, electronic documents, sales notes, guides remission or any other document is one which usually prove the existence of loans or debts attentive circumstances of the relationship between creditor and debtor. The current Code of Civil Procedure has not considered the payment procedure, which would be very important because anyone trying to collect a, liquid, and enforceable debt arrears given money in an amount not exceeding three hundred basic salaries of workers in general , comprising no enforceable, you can start a payment procedure when the existence of the claim is proved, by presenting some of the documents mentioned above, and that this process is an agile process, without hindrance or terms that prove a process of years, here is the importance of inclusion in the Code of Civil Procedure, since when there standing business relationships using enforceable by the diversity of values and constant rotation are not very functional.

• 主要作者: Benavides Villalva, Klever Adán (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2015
• 主題: DERECHO; COBRO DE OBLIGACIONES
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/12798