Análisis Jurídico del Acto Procesal de la Citación respecto al criterio diferenciado de los Jueces en Materia Civil

The present qualification work called: "Legal analysis of the procedural act of the citation regarding the differentiated criteria of the judges in civil matters", which is presented under the thesis modality, refers to a social and legal problem that deserves a study to a study to In order to provide a solution and overcome the legal problem that is identified in the adjective procedural norm, such as the General Organic Code of Processes, specifically article 53, regarding the citation, since when it has not been possible to improve the same , leaves open the possibility that the judges act in a discretionary way by having the plaintiff an insufficient term of 3 or 5 days to provide the new direction of the defendant, and in case of not doing so they have the archive of the process invoking the process invoking the Article 146 that refers to the qualification of the demand. It is therefore the imperative importance of regulating this type of situation, when it is presented within a judicial process, in particular in the executive processes, so that the rights or claims of the natural or legal persons who decide to initiate a process Judicial are not affected and are not in defenseless. Therefore, in the event that the defendants for A or B situation could not be summoned, by the judges, the plaintiff must be granted a prudential time of up to 30 days to provide the new address; Given the variety of criteria of the judges, a reform of the law is necessary, in the sense that an subsection of article 53 of the General Organic Code of Processes is incorporated, granting the plaintiff a term of 30 days to subsane said said situation. Our Constitution of the Republic of Ecuador in its article 75 guarantees free access to justice and effective protection, as well as due process and legal certainty as provided by articles 76 and 82, which is why the processing is processing It must be done by the judges with adherence to the constitutional norms previously provided, so that, the substantiation of the judicial processes are processed in accordance with law, avoiding arbitrariness or unnecessary delay, which guarantees and protects the rights of People who go to jurisdictional bodies in order to resolve their legal conflicts. Within the present legal investigation thanks to the conceptual, doctrinal and legal notions, it was possible to obtain as a result clear and precise fundamentals on how a judicial process begins and what procedurally constitutes the judicial citation, also the legal consequences when it has not been possible to perfect the same for different procedural reasons. 5 In addition, the objectives set, when using survey, interview and field observation techniques; Together, the basis of the present legal investigation was cemented, through the methods used, including: scientific, inductive, deductive, comparative, synthetic, historical and analytical. For the above and as a result of this investigation I will take into account the study that was carried out through the application of interviews, surveys and case analysis in which the affectation of rights that occurs in the justices can be demonstrated, especially in The shareholding part within a civil process, for being in uncertainty if its judicial process will be processed according to the principles that govern due process.

• Hlavní autor: Cuenca Jiménez, Enrique Alexander (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2023
• Témata: <DERECHO>; <MATERIA CIVIL>; <DEMANDA>; <SENTENCIA>
• On-line přístup: https://dspace.unl.edu.ec/jspui/handle/123456789/26551