La Aplicación de la Institución Jurídica del Abandono de Procesos en Materia Civil Obstruye a la Administración de Justicia
Ecuador is a Constitutional State of Rights, democratic, sovereign, independent, unitary, intercultural, plurinational and secular Social Justice, being fundamental and primary duty of the National Assembly issued the laws of the Republic according to the Constitution, respecting their supremacy. Al...
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| Format: | bachelorThesis |
| Jezik: | spa |
| Izdano: |
2016
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| Teme: | |
| Online dostop: | http://dspace.unl.edu.ec/jspui/handle/123456789/17570 |
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Označite | Izvleček: | Ecuador is a Constitutional State of Rights, democratic, sovereign, independent, unitary, intercultural, plurinational and secular Social Justice, being fundamental and primary duty of the National Assembly issued the laws of the Republic according to the Constitution, respecting their supremacy. All rights and guarantees established in the Constitution and the International Human Rights Instruments shall be directly and immediately applicable by and before any servant or public servant or person that goes against them. Any rule of law may restrict the content of the rights and constitutional guarantees. The Organic Code General Process born as a requirement of society, to unify in one legal body all procedural rules to pass a procedural model written to another, where orality predominates, this new code has been implemented with the order that the processes are made this way more agile imposes a new culture of procedural litigation to accommodate the new mandates of optimization that will govern the new process sets up a model of procedural policy immersed in the conditions and situations of the reality of Ecuador, regarded as a procedural instrument, because it is an organic law, treated with a plan, systems and methods, progressively regulates processes in various non-criminal matters, in that body of law has been implemented figure of abandonment that is not certainly a procedural act of punishment that the law imposes the negligent applicant as a result of the inactivity of the actors through their lawyers on trial for the term and under the conditions prescribed by law, that is, by this means It concludes the process. Thus the Constitution guarantees this right which is the supreme law and against the General Code of Process, this is an organic law of opposition to the Constitution, let us remember that Article 11 stipulates:. "All the principles and rights are inalienable, inalienable, indivisible, interdependent and of equal rank. As we can realize our Constitution guarantees the principles and rights that all people have that these principles and rights can not be inalienable is to say that no government or authority that is not has the power to deny these rights since they are part of the Nature of all persons, it is essential that no person may be released, disposed of or renounce their own rights as it is by their will, since such rights acquire them from birth and only end on the day of death, indivisible because they can not be divided, Separate, distribute and distribute since they are unique to each person, no one can have different rights since our Constitution is established that all people will have the same right regardless of gender, race, social class, so these rights are the same hierarchy. |
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