Improcedencia e inadmisibilidad de la demanda, en el derecho procesal ecuatoriano

Abstract

A judicial process is a legal act, where the principle applies device of the law, and begins with a first writing in which the actor makes his manifesto the claim by which believed to be affected their personal interests and social. Therefore, the demand is the act for which there begins a judicial, written process that it must contain and assemble substantial requirements of form and of bottom of agreement to the procedure, in order that it is admitted to step into a judicial process, of there and in agreement to the procedure to proceed with the qualification of the demand in order that the operator of justice issues his pronouncement. Any demand is an object of qualification, if this one does not assemble the requirements of the procedure In limine will declare himself it, that is to say the judge it has the legal authority to check if it expires with the requirements established in the procedural law, if it does not fulfill the demanded requirements, it will be rejected and put in knowledge of the defendant, as such inadmissible and declared inadmissible, the rejection is named In limine of the demand.