La eficacia del proceso monitorio dentro del sistema procesal ecuatoriano

Abstract

Has issued a new Code of Civil Procedure in Ecuador called Organic Code General Process within this code it comes to our legislation the payment procedure, where the principle of contradiction, which comes to debt collection is invested not exceeding fifty basic wages unified, and that even allowing proceedings without the sponsorship of a lawyer when debt no more than three unified basic salary, being a completely new to our legislation process, there are several doubts about its real effectiveness, whether safeguards the guarantees of due process or possible claims to claim are sufficient and appropriate, that compared to other legislation is much broader than ours, allowing claim other obligations not only the collection of monetary obligations. This work is aimed at studying the payment procedure and analyze its structure, cases of origin, based on our procedural system, comparative law and doctrinal study, for a better understanding of immersed technicality in this process, for a proper implementation and incorporation into our legislation in order to safeguard the guarantees of due process and justice meet the aspirations of the Ecuadorian people.