La prescripción de los títulos de crédito en el procedimiento coactivo del Instituto Ecuatoriano de Seguridad Social –IESS

Abstract

This paper will analyze the prescription of credit certificates issued at the Ecuadorian Institute of Social Security, taking into consideration that the action to claim the rights that assist the workers prescribe in three years counted from the termination of the employment relationship. The 1998 Political Constitution of Ecuador indicated that the right to social security is inalienable and imprescriptible, terms that were not prescribed in the Constitution of 2008, leaving in the limbo the only possible support of the non-applicability of the obligations with IESS, Much more considering that the prescription is the rule, and the prescriptibility is the exception, it has not been found normative that says that the obligations analyzed in the present work, are imprescriptible. The Code of Civil Procedure has not regulated the prescription within the Coactive Jurisdiction section because the general prescription is found in the civil regulations, being necessary that a court judge in precaution of the right to effective judicial protection determines that prescription, in This thesis has assimilated the coercive action to the executive action