Las Medidas Cautelares, en el Procedimiento Ordinario que regula el COGEP como medida para garantizar el derecho a la Tutela Judicial Efectiva de las partes

The present curricular integration project titled: "Precautionary measures in the Standard Legal Procedure Regulated by the COGEP as a Mechanism to Safeguard the Right to Effective Judicial Remedies for the Involved Parties." It focuses on the need to incorporate a subsection into Article 289 of the General Organic Code of Procedures (COGEP) that establishes precautionary measures within ordinary proceedings related to commercial matters, such as promissory notes, checks, or bills of exchange that have become time-barred in the executive process. Considering that this legal provision is not currently codified in Ecuadorian law, it is important to define it in the context of ensuring effective judicial protection for the parties and preventing the violation of the right to legal security. In this regard, it is pertinent to mention that such measures represent the most suitable preventive means for ensuring the fulfillment of an obligation. These measures are established in the articles comprising the third section of the second book of the General Organic Code of Procedures. It is important to note that this socio-legal research is primarily focused on precautionary measures of a real nature, specifically those related to tangible assets. In this context, the measures under consideration encompass the following: prohibition of the alienation of real property, seizure, and retention. Lastly, through the employed methodology, which includes surveys, interviews, comparative law analysis, doctrinal examination, along with statistical data, this study demonstrates the significance of incorporating an additional subsection to Article 289 regarding precautionary measures within the General Organic Code of Procedures in standard proceedings, particularly when they pertain to commercial matters.

• मुख्य लेखक: Celi Cartagenova, Dulce María (author)
• स्वरूप: bachelorThesis
• भाषा: spa
• प्रकाशित: 2023
• विषय: COGEP; TUTELA JUDICIAL; DERECHO
• ऑनलाइन पहुंच: https://dspace.unl.edu.ec/jspui/handle/123456789/28153