Análisis y relevancia del procedimiento Monitorio en el Código Orgánico General de Procesos

Abstract

Abstract: This research work aims to analyze and elucidate the qualities of the Payment Procedure. It begins by making a descriptive framework focused on making known concepts, background and nature of the procedure, to subsequently differentiate its other classes and its implementation in the Ecuadorian legal system. Subsequently, we carry out a critical analysis regarding the means of proof implemented within this procedure, revealing its particularities and practical use; The documentary evidence stands out within this analysis, a fundamental element in the order for payment procedure. Finally, the present investigation carries out a descriptive analysis based on the study of practical and real case procedures, to culminate deducing and enunciating the advantages and disadvantages of the order for payment procedure within the General Organic Code of Processes. The research work has a critical approach showing that, although the order for payment procedure used is intended to be an efficient and effective judicial means, it has many shortcomings and aspects that undermine that intended purpose.