Procedencia del procedimiento monitorio: análisis del art. 356 del Código Orgánico General de Procesos (COGEP)

Abstract

The payment procedure is a channel that seeks to speed up debt collection money contained in documents other tan titles, which must be liquidable, claimable, with deadline and do not have to exceed fifty basic salaries of the worker in general. The payment procedure is not new. Its origins date back to about the 14th century. At that time there was much commercial activity in Italy, which generated the existence of debts that had to be claimed; these events gave rise to a new phase of the ordinary process of that time. This is the first antecedent of the payment procedure, wich then became the procedure we know today; first of all Germany, in 1877, Italy in 1922 and France in 1937. Decades later, Uruguay becomes the first Hispanic-American country to host the payment procedure in 1965; then other countries do, such as Spain in 2000, Colombia in 2012 and finally Ecuador with the validation of the General Organic Code of Processes (COGEP) (Spanish acronym´s), on May 23, 2016. In terms of its modality, can be an issue of law or documentary. Each legislation has a payment procedure with different characteristics; for example, Spain does not have a limit of amount; Colombia processes without documents, despite being considered documentary; In Uruguay the documents are considered executive titles; and Germany is the pure model by excellence. However we can say that the Ecuadorean model is clearly inspired by the one of Spain and a particular feature is the prohibition that the executive titles have to be processed in this way.