El uso indebido de las letras de cambio por parte de los acreedores, vulnera los derechos humanos de las personas deudores incluso de los trabajadores

The thesis that I put to your consideration is a compendium of research results on the subject of THE MISUSE OF DRAFTS by creditors. It contains a brief but accurate historical account of the evolution of the code of civil procedure and its codification in the Republic of Ecuador as treating misuse of the drafts from the Middle Ages to the late eleventh and early twelfth. Rummage in Rome is really a game of fiction itself trying to find a needle in a haystack. The bill of exchange has evolved from a document that allowed the transfer of funds from one place to another, to use as a typical credit or prototype who is now within the legal subsystem trading today. From the doctrinal study of law and he compared the evolution, name and legal nature of matter which treats the use of executive titles in different contexts and in our country is analyzed. Significant judgment is made as to the main subject and problem of misuse of enforceable and in this case the bills of exchange, in order to identify the shortcomings of such misuse of executive titles as in the case of bills of exchange and the need for protection and legal reform to demonstrate these standards different commercial and social order. It also has a valuable empirical evidence obtained from the application of surveys and interviews, along with a case study in connection with the subject of the problem. For, what this legal research has been unable to establish the objective truth that comes from the problems related to the misuse of bills of exchange by creditors, violates the rights of the debtors and even workers to We do not have a regulatory sanction that is causing a number of legal effects on society, the legal situation has led the author to provide a draft Code of Civil Procedure and the Code of Commerce in force. That efectivizará regulation and arbitrary use of bad faith that is given to bills of exchange creating a great social and economic impact for him and his family. This situation can not occur in a Constitutional State of Rights and Justice as ours. In order to determine the legal effects, economic and social misuse of the Bills of Exchange and Promissory Notes, to promote legal reform of the Code of Civil Procedure, we conducted the present research work initiated in the conceptual framework to clarify certain definitions as executive judgment, bill of exchange and promissory note. Under doctrinal analysis I proceeded executive judgment, of the enforcement and especially bills of exchange and promissory note, starting with the historical revision and to current conceptions. Then we analyze the legal bills of exchange and promissory notes to the tenor of the Commercial Code, Code of Civil Procedure and Comparative Law. Bills of exchange in its origins was not accepted as enforceable as not had the necessary degree of authenticity, but now has that category in our civil procedural law, and is governed by the principles of formalism, abstraction, exchange, autonomy and literally, as expressed by William Lopez. In regard to promissory note, it was used by traders during the trip to avoid traveling with too much money, so that the banker was handed him back the same as elsewhere agreed. He is currently employed by financial institutions on loans they make to their customers to ensure payment of the capital plus interest. The major problem posed by such private instruments is that they have the category of executives with no prior recognition to public authority, a situation that has allowed certain creditors unlawfully enrich themselves at the cost of goods and resources of the debtor in good faith. This definitely has to change to ensure effective enforcement of the rights of the parties, especially the debtor.

• 1. autor: Sánchez Eras, Angélica María (author)
• Format: bachelorThesis
• Język: spa
• Wydane: 2015
• Hasła przedmiotowe: DERECHO; USO INDEBIDO; LETRAS DE CA; ACREEDORES; PERSONAS DEUDORES
• Dostęp online: http://dspace.unl.edu.ec/jspui/handle/123456789/16560