La nulidad como medio de impugnación en el sistema procesal civil ecuatoriano

Abstract

Abstract: The main line of the present work establishes the antecedents of the civil process, nature, classes, structure and the constitutional approach that has been given to it in relation to due process; Defines the relevance of legal acts and procedural nullities in defense of the interests of the parties, analyzes the grounds for procedural nullity provided in Ecuador's civil procedural law and examines the procedural treatment that merits nullity in the current national civil procedural system, As a means of challenge to guarantee the good order of the process and the rights of the parties. The procedural nullity conceived as an impugnatory resource and not as a mere incident effectively guarantees due process of law, the rights of the parties and the good order of the civil process. The omission of solemnities, non-compliance with due process in the substantiation of cases that are developed in the Ecuadorian courts, entails the violation of the guarantees of due process inherent to all citizens of a country as a human principle and right that the State Must protect, as well as violate other rights of constitutional rank as they are: the right to defense and legal certainty.