La consignación de la cosa debida como una de las modalidades para extinguir las obligaciones

Abstract

The this monograph aims to showcase a legal figure established in the laws of Ecuador, as a modality for extinguishing obligations, in total or part, however this will depend on the creditor if you are or not in accordance with the appropriation made in their favor. This figure can say that it is a means of protection to the debtor, that can be used against an arbitrary creditor, even in bad faith, that refuses to enforce the law of the debtor, which is get rid of it, and thus to lead to such release to the guarantors, guarantors, etc., which are ensuring the fulfilment of the obligation. We also analyze the competition problem arising in turning this figure since being in the civil code, is considered a civilian figure, however are also made in civil courts appropriations for labor services, however these processes of interpleader may well present in civil or labour field, however arises in civil runs the risk of not give processing , but everything will depend on the final Juez. Last, but not least we deal with in the annexes, the amount of causes of interpleader entering civil court, with which so much concurrency arises, if they accept to proceed, whether there is opposition or not, and if the creditor is absent or not, and few are declared abandoned.