Browsing by Author "Lastra Samaniego, Micaela Abigail"

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    Evolución de las excepciones previas dentro del Derecho Adjetivo Ecuatoriano, análisis comparativo con la Legislación Internacional uruguaya y chilena.
    (Universidad de Cuenca, 2023-07-11) Lastra Samaniego, Micaela Abigail; Torres Rodas, David Fernando
    This research work focuses on the study of the legal institution of previous exceptions, covering its origins and legal evolution up to the present as a tool by the defendant to end a judicial process or at least dilate it. It could be said, therefore, that the exception is an optional right, the defendant has this right and thanks to it, he can exercise his defense so that the actor does not come to enforce the claim that he demands against him. From the Código Orgánico General de Procesos (COGEP), the previous exceptions contained in article 151 have contemplated a series of possibilities through which the defendant can make use of this optional right, which directly affects the process, and that is why it is important to know the history and evolution of this legal institution, as well as the different treatment that has been given to it in order to determine the scope of each one of them to achieve greater legal certainty.