El procedimiento o fase de ejecución: aplicación de los títulos de ejecución en el código orgánico general de procesos

Abstract

The present research work analyzes the legal problems derived from the application of the execution titles that are contemplated among the articles of the General Organic Code of Processes. It is developed under the Case Study modality of Process No. 07333-2020-00814. Analysis of the extension of the obligations in whole or in part by the Transaction. Under the argument of the Ecuadorian Civil Code Art. 1583 #4 based on the procedure or execution phase. The general objective of the present is to establish the relevance of the payment of procedural costs and legal interests within the process of study of execution. The case mentioned in previous lines arises through the presentation of a lawsuit filed by the procedural subjects, on the one hand there is Mr. MAURICIO ENRIQUE FEIJOO MARIN as creditor, and on the other hand Mr. CARLOS ALBERTO OROZCO SOLANO as debtor, who under their own rights have decided to carry out a Transaction, through the Transactional Payment Act, the same that has the obligation to give money immersed. The execution phase has been studied as an adequate and timely procedure to be able to execute the obligations that are unfulfilled by one of the parties, in this way it is possible to show that the purpose of the execution is to carry out the fulfillment of the obligations that are expired in the titles of execution established in article 363 of the General Organic Code of Processes (COGEP). For its elaboration it was necessary to carry out an analysis of the procedural principles that govern the obligations as well as the execution phase that allowed to approach in the detailed study of the essential procedural acts for the fulfillment of the obligations obtained in the title of execution. ., for the methodological development of this work it was necessary to apply the methodology of documentary research, under the following methods: qualitative method, comparative method, hermeneutical method, exegetical method and analytical method. In addition to the analysis of the document, we supported ourselves with interviews with the different legal professionals who, with their contribution, were able to complement the investigation, also based on the main Ecuadorian laws. Therefore, we conclude arguing that the execution phase directed to execute the title of execution is a right that the executor has, which is recognized before the judge, since the lack of fulfillment of the obligation is presented and palpated. . On the other hand, it must be considered that if the execution title is not presented, it is not appropriate to continue with the case since it is the main enabler to appeal before the judicial unit and initiate the execution phase or procedure. With this background, we recommend carrying out a preliminary investigation on the movable or immovable property that the defendant has, for when the judge issues the execution order and the defendant fails to comply. Consequently, in the execution phase, request the necessary and pertinent precautionary measures to ensure compliance with the current obligation of the defendant.