Abandono de causas en el cogep y sus consecuencias

The current procedure is established in the Art. 249 of the new Code General Process (COGEP), most notably related to ABANDONO established in the first instance which reads in relevant part as follows "If the abandonment of the first instance it is stated, you can not stand new demand" in Regarding to raise a new demand for the same reason it can not be presented, which is unconstitutional and unfair therefore are defenseless not only the rights of the plaintiff part but due process is also violated and the legal protection guaranteed in our 2008 Constitution of Ecuador, in their illegitimate process, provoked a number of problems not only for operators of justice but also for Lawyers in free practice and for users in general. This seriously injured rights of people, chiefly the provisions of the Constitution of Ecuator, art. 75 and 76, which deals with procedural principles especially the due process and access to justice, and that being such transcendental issues taking into account the judgments aired under this ordinary procedure, and in particular in these cases Justice must be effective, in order to solve as soon as possible. In short an effective, fast and accurate procedure to ensure full compliance with constitutional standards prescribed in our Constitution, in its Art. 169 and thus allow to have an effective justice without delay, so as a true judicial economy should be applied. Theoretical and field of this thesis work, allowed to obtain criteria with clear and precise grounds both bibliographic, legal and doctrinal references, which contributed to the verification of objectives, and verification of the hypothesis, allowing support the proposed changes to establish the amendment to Art. 249 of the General Code ofprocesses as appropriate to the figure of the abandonment of the cause or process, in the sense of reducing the terms currently established. The contents of the thesis and the proposed reform, only looking to have a process that complies with the principles established in the Constitution.

• 主要作者: Rivadeneira Jaramillo, Jenny Epifanía (author)
• 格式: bachelorThesis
• 语言: spa
• 出版: 2016
• 主题: DERECHO; ABANDONO DE CAUSAS; COGEP Y SUS CONSECUENCIAS
• 在线阅读: http://dspace.unl.edu.ec/jspui/handle/123456789/16332