Incorporación de la confesión ficta en la declaración de parte en el Código Orgánico General de Procesos (COGEP).

Abstract

Abstract: The fictitious confession is that means of testimonial evidence that simulates the activity of the express confession, it being understood that, if the party from which his statement is required does not appear or present himself and do it in an obscure way or wanting to mislead the judge, the judge will determine it according to his enlightened criterion and will give as affirmative the facts subject to controversy. Being a transcendent test that guarantees the principle of procedural economy in accordance with legal certainty and due process embodied in the Constitution of the Republic of Ecuador. The present work was developed with the aim of carrying out a semantic, legal and doctrinal study of the fictitious confession to determine its possible incorporation within the declaration of part of the General Organic Code of Processes. The results obtained are created through the theoretical frameworks, methods and techniques of investigation implemented, verifying that the incorporation of the fictitious declaration in the declaration of part strengthens the procedural principles guaranteeing the correct administration of justice.