LA REGULACIÓN Y MECANISMOS DE FIJACIÓN DE HONORARIOS PROFESIONALES DEL ABOGADO EN LIBRE EJERCICIO EN LA LEY DE FEDERACIÓN DE ABOGADOS Y EL CÓDIGO ORGÁNICO DE LA FUNCIÓN JUDICIAL
The present investigation that is presented under the modality of thesis refers to a legal problem that deserves to be transformed to solve and overcome the socio-legal problem that is identified in article 42 of the Law on the Federation of Lawyers, which does not regulate properly, balanced profes...
محفوظ في:
| المؤلف الرئيسي: | |
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| التنسيق: | bachelorThesis |
| اللغة: | spa |
| منشور في: |
2021
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| الموضوعات: | |
| الوصول للمادة أونلاين: | https://dspace.unl.edu.ec/jspui/handle/123456789/23795 |
| الوسوم: |
إضافة وسم
لا توجد وسوم, كن أول من يضع وسما على هذه التسجيلة!
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إضافة وسم | الملخص: | The present investigation that is presented under the modality of thesis refers to a legal problem that deserves to be transformed to solve and overcome the socio-legal problem that is identified in article 42 of the Law on the Federation of Lawyers, which does not regulate properly, balanced professional fees of the lawyer in free exercise. The Law of the Federation of Lawyers of Ecuador was created in 1973 by means of supreme decree 302 in the presidency of General Guillermo Rodríguez Lara in which a referential table is established for the professional fees of the lawyer in free exercise through the sucre, however to date, the United States dollar circulates as official currency and the labor economy is developed through the basic compensation of the worker established at four hundred dollars. It should be mentioned that there is no longer the minimum living wage that in 1973 was set at 1000 sucres, the problem arises that this regulation has not been updated in terms of attorney's fees, which at the time of trying to collect them in judgment the judges order the payment of the same according to their free criteria. This undoubtedly affects the professional practice both in the provision of the service, as well as in its economic function of being a source of income and sustenance that allows the legal professional to satisfy their basic and existential needs; even violating the constitutional precept of equal work equal remuneration. The setting of fees beyond being mandatory must at least seek to establish an effective recognition for the intellectual, ethical, moral and procedural effort that the legal professional applies in the deployment of their professional practice, hence in its implementation and application by on the part of the judges, at the time of regulating the fees in sentence, the administrator of justice must have current and updated legal tools that allow their fixation by virtue of express legal provisions, for which purpose, generated this legal problem, I intend to investigate it from a scientific perspective . |
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