Análisis del Proceso Monitorio,como tutela efectiva y la necesidad de incluirlo en la legislación ecuatoriana

Abstract

This research work is limited to the analysis Monitoring process proposed in COGEP, which has the purpose of debt collection of money, based on documents that are not considered enforceable. At present, the judicial recovery of these documents are performed in the ordinary way, which is a long and tedious procedure, thus outdated and does not provide legal certainty and undermines the principle of effective judicial protection embodied in the Constitution of the Republic. So, we will analyze the Monitoring process, in a comprehensive way, starting with its historical background, its characteristics and its evolution in the European and Latin American legislation, with support in doctrine and legislation of these countries. With that, you can determine the need for inclusion in the Ecuadorian civil law and if it provides high efficiency this legal institution and thus determine if it provides an effective remedy for the benefit of the credit, provided that the principles of suits due process, procedural fairness and good faith.