Los presupuestos procesales en el Derecho Procesal Civil Ecuatoriano

Abstract

The following research, analyzes the procedural presuppositions in the Ecuadorian Civil Procedure Law. From the perspective of the General Organic Code of Processes, as prerequisites for establishing the procedural legal relationship, because it is necessary for the court to verify if certain assumptions are met, in order to stablish a valid process that guarantees a proper process and with the observation of: jurisdiction, competence, procedural capacity and the demand requirements. Similarly, in this study a comparative analysis has been elaborated between the Ecuadorian and Colombian Civil Procedural Law, and it is necessary to point out the similarities found between the two legal systems, agreeing with certain laws in their wording and how they are regulated, even the name of the code is similar to ours. In addition, nowadays, most Latin American laws recognize procedural assumptions as essential requirements, without them you cannot stablish a reciprocal relationship of rights and obligations, or a valid procedural relationship. There is not a peacemaking agreement in terms of its classification and very poor regulation of it. To conclude, the lack of procedural assumptions will have a consequence, the inexistence of the process, as long as they cannot be corrected or approved. At the time of filing the claim or petition, the court will enter into the exhaustive examination of the procedural budgets, if applicable, it will be order to be completed, and the procedural party must be obligated to comply with the order, if not, the request will be filed, and in the case of omitting this detailed analysis by the court, the defendant may propose the procedural exceptions that supports him