“EL PROCESO CONCURSAL CONTRA PERSONA JURÍDICA DE DERECHO PÚBLICO Y SU PROCEDENCIA EN EL COGEP”.

The following undergraduate curricular integration project titled: "The Bankruptcy Process Against Public Law Legal Entities and Its Applicability in the COGEP (Código Orgánico General de Procesos)." The main objective of this study is to propose a modification to the General Organic Code of Procedures to ensure compliance with the principle of due process and the guarantee of effective judicial protection. In any legal proceeding, this principle is a fundamental safeguard for the protection of human rights. The research is focused on creditors' contests, also known as insolvency proceedings against public law debtors who possess assets to settle their debts with creditors. Despite the existence of a duly executed court order ordering payment, enforcement of these obligations is prevented by the lack of a regulatory provision mandating compliance. This issue affects both the debtor and the creditor within a financially and economically significant social framework. The subject of bankruptcy law has not been widely studied in our country. Rather than progressing in its regulatory and societal development, it has stagnated or regressed. This could lead to a social problem in the future, as the State may incur obligations to private third parties without ensuring the protection of the rights of the individuals involved. It is possible that this situation could become problematic in the future, since current regulations do not ensure that the State will comply with its obligations toward creditors. There is a failure to fulfill the obligations between the two parties as originally outlined in the Code of Civil Procedure, which previously permitted measures such as sequestration, seizure, and other encumbrances on State assets to meet third-party obligations. As a result, creditors are no longer protected, court rulings are not enforced, and the administration of justice is prolonged. In this Curricular Integration Project, various materials and research methods were applied, including interviews and surveys conducted with legal professionals. The findings helped to consolidate the identified issue and explore potential proposals as alternative solutions.

• Hovedforfatter: Macas Aguilar, Ginna Stefanía (author)
• Format: bachelorThesis
• Sprog: spa
• Udgivet: 2025
• Fag: DERECHO; PERSONA JURIDICA; DERECHO PUBLICO; COGEP
• Online adgang: https://dspace.unl.edu.ec/jspui/handle/123456789/31889