REFORMA AL ART. 968 DEL CÓDIGO DE PROCEDIMIENTO CIVIL, A FIN DE QUE LA CANTIDAD CONSIGNADA COMO EXCEPCIÓN DEL DEUDOR EN EL JUICIO COACTIVO, SEA IGUAL AL AFIANZAMIENTO ESTIPULADO EN EL ART. 7 DE LA LEY REFORMATORIA PARA LA EQUIDAD TRIBUTARIA DEL ECUADOR
The compelling procedure takes as an object to make effective the payment of what, as any concept, should to the State and to its institutions that as law have this procedure; to the Central Bank of the Ecuador and to the banks of the credit System of Promotion, for its credits; to the Ecuadoran Ins...
Tallennettuna:
| Päätekijä: | |
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| Aineistotyyppi: | bachelorThesis |
| Kieli: | spa |
| Julkaistu: |
2016
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| Aiheet: | |
| Linkit: | http://dspace.unl.edu.ec/jspui/handle/123456789/10417 |
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| Yhteenveto: | The compelling procedure takes as an object to make effective the payment of what, as any concept, should to the State and to its institutions that as law have this procedure; to the Central Bank of the Ecuador and to the banks of the credit System of Promotion, for its credits; to the Ecuadoran Institute of Social security; and the others that the law establishes. We have developed the research work in the juridical ambience of the public law, specially in the bankruptcies that I could have appreciated in the Code of Civil Procedure, specially the Art. 968, as for the quantity that the compelling debtor must pay to the public administration with regard to defeated credits. The passive subject of this litigious process is the civil user or beneficiary of a service that gives the public administration, the same one that, on having been notified in an obligatory way with the payment authorization, must cancel or transfer the goods to do cash of the owed thing. They give to the forced tributary the opportunity to present exceptions, which can be dilatory or urgent, only in the exclusive moment to there appear with the entire payment of the debt, more its interests and coasts that they earn of the process. - 5 - This affects in an irremediable way its economy, leading it to being defenseless at the moment of being immersed in a situation of this nature as there it are the compelling procedures. What really happens is that they are always taken the nature of these steps to effect by the same authority that expresses the administrative acts, exercising this one its power as Judge and part of the process. It is for it that, in this thesis it has included with big determination, profuse information for the understanding and clarification of the regulation that must be applied in the compelling jurisdiction regulated in the Code of Civil Procedure and the procedure of compelling execution foreseen in the Tributary Code. The research work thinks about how to determine the application of the beginning of normative equality and that is according to the Constitution of the Republic with regard to the value that it is necessary to cancel to gain access and to interpose exceptions for its self-defense. |
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