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

Abstract

Abstract: In this paper the prescription of debt securities issued in the Ecuadorian Institute of Social Security will be analyzed, taking into consideration that the action to claim his rights workers prescribed in three years since the cessation of employment. The Constitution of Ecuador of 1998 indicated that the right to social security is inalienable and imprescriptible, terms that were not preceptuados in the Constitution of 2008, leaving in limbo the perhaps sole breadwinner of the applicability of the obligations held with IESS, much more considering that the prescription is the rule, and the removal exception, it was not found regulations stating that the obligations analyzed in this work are imprescriptible. The Code of Civil Procedure has not regulated the prescription within the section of summary jurisdiction because the prescription generally found in civil law, requiring that a court judge in precautela the right to effective judicial protection determine that requirement in this thesis has assimilated the coercive action to executive action.