La acción rescisoria pauliana como mecanismo de rescisión contractual: regulación en la legislación ecuatoriana, alcances y aplicación práctica

Abstract

This research analyzes the Paulus’s rescissory action, an institution of civil law, from its grammatical and legal construction, since it develops all the concepts included in it, as requirements for its proceeding, being these: the assignment of assets, the creditors' contest, the creditor, the nature of onerous contracts, the main, accessory and gratuitous contracts, as well as bad faith, indispensable elements for this institution to succeed once it is proposed before the administration of justice. The main difficulties encountered by the creditors at the time of filing their claim are presented, which curiously arise from criteria adopted by the high courts of the country, but also from the reading of its regulation, contained in article 2370 of the Civil Code. In this sense, the purpose of this study is that, as a result of its analysis, as well as the statistical review of its success and failure in the judicial units of the canton of Cuenca, we can propose criteria that collaborate to its understanding, as well as to the correct proposal of the Paulus ́s rescissory action in trial.