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Browsing Derecho by Subject "Abandono"

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    El abandono, el efecto impeditivo de proponer nueva acción prescrito en el Código Orgánico General de Procesos con relación al derecho a la Tutela Judicial Efectiva
    (2018) Pozo Iñamagua, Jaime Geovanny; Piedra Andrade, Juan Cristóbal
    This research work title is "The abandonment, the impediment effect of proposing new action prescribed in the General Organic Code of Processes in relation to the right to Effective Judicial Guardianship" and its main objective is to briefly explain and in a general way how is regulated the abandonment as an Institution within our legal system as of the validity of the General Organic Code of Processes, for which it is necessary to know and refer to basic concepts of Procedural Law, such as “process”, “action” and “pretension”; and to establish the most relevant differences regarding the abandonment contemplated in the repealed Code of Civil Procedure. The analysis focuses on one of the effects of its declaration, the one prescribed in Article 249 of the General Organic Code of Processes, an effect that prevents the actor from exercising new action on the same claim, with the intervention of the same parties, once it has been declared abandoned by the judge. This effect that has raised doubts and controversies in the legal practice of those individuals who practice the profession in law, of the justice operators, of us as students in the academic debate and of the citizens in general, considering that such effect, negatively affects and calls into question the fundamental rights to Effective Judicial Guardianship and Access to Justice, in the absence of the Administration of Justice.
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    Efectos jurídicos del abandono del proceso, previsto en el Código Orgánico General de Procesos; Art. 249
    (2017) Iñeguez Chablay, María Fernanda; González Calle, Fernando Teodoro
    The research work contains in each of its chapters critical analyzes of the process abandonment figure within our Ecuadorian legislation, since for this it starts from the definition and distinction of basic concepts that are firmly related to this practical question of procedure. Both the definition of process, abandonment and similarities of these terms are the basis for understanding the figure of abandonment, since this allows us to glimpse the intention and purpose of this institution within our legal system. Being thus in process is composed of procedural legal acts, the declaration of abandonment of the process becomes an act more within a process, which must exist so that this declaration can be given. The COGEP has foreseen that the deadline for this declaration has been eighty days, which has not been given the continuation of it, trying to become a penalty to procedural negligence, without precaution the integrity and violation of the rights of the procedural parties. The source in this applies to all processes in general and their unequivocal claim to processes that are of interest to children, the stage of implementation and issues related to the State. The omission to the analysis of basic concepts made serious errors in this new normative body, as not to differentiate the pretension of the action, since the very objective of abandoning the process seeks to sanction the bad practices but not to restrict the procedural rights, It is possible to say that A process declared in default, does not extinguish, or should not at least eliminate the right or claim sought. Comparative legislation only allows us to see how our own has made serious mistakes, Colombian legislation is a system in which this figure has been perfectly regulated without neglecting respect for procedural rights, such as diligent application of due process and judicial protection Effective.
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    Protección social del niño abandonado
    (1983) Martínez Menduino, Mónica; Coellar Espinoza, Max