El recurso de apelación, su interposición y fundamentación en el Código Orgánico General de Procesos

Abstract

The present investigation was carried out in order to comprehensively determine the appeal of interlocutory proceedings and judgments, in accordance with the positive regulations inserted in the COGEP, developing in detail the issue of concrete or memorial reparations. According to the COGEP establishes the oral system for the processing of proceedings and it is at the hearing to the ruling of the resolution, that the person who is assisted by law can request the appeal of the sentence, and must do so in the same hearing. The population for the present study were professionals in law within the Metropolitan District of Quito, evidencing ambiguity and legal obscurity, as to the basis of the appeal in non-criminal matters. There is legal obscurity because it is not established in a positive way if at the time of the appeal must do it reasonably or only invoke the right of appeal; And after the notice of appeal is granted the term of 10 days to the appellant to substantiate in written form and 5 days in the matter of childhood and adolescence but neither is clarified as to the basis, leaving the discretion of the administrator of justice A To grant such grounds of appeal against the judgment handed down by it