El procedimiento monitorio para el cobro de obligaciones sin título ejecutivo

Abstract

The General Code of Processes brings with it a new procedure to our juridical arranging. We are speaking about the Admonitory Procedure. Alternative for the cashing of obligations of character dinerario with limit in the quantity and that does not consist in executive title. Innovation in procedural matter because it allows the lawyer's not patronage when the obligation does not overcome three unified basic wages of the worker in general with the alone presentation of the respective form expressed by the Council of the Judicature. This one investigative work. It will be based on the study and analysis of the admonitory procedure in the Ecuador. Structure characteristics and effects in the months that current ride more a parallel with other legislations doctrinaire sources and its differences with the executive process. To the others the benefits that it offers to the world of the right across the basic beginning dedicated in our Constitution of the Republic like those of economy speed and procedural efficacy. Where it will be analyzed if the right is damaged to the self-defense foreseeing the abuse of the right and to preprevent this way a due legitimate process to avoid the nullity and juridical insecurity in our country.