Análisis jurídico y doctrinario del proceso concursal necesario en el Código Orgánico General de Procesos

Abstract

Abstract: Legitimate defense has been conceived as one of the basic guarantees of due process, it is therefore a fundamental requirement that must be observed in all administrative or judicial proceedings, under that premise all authorities must guarantee compliance with this guarantee; even more so considering that the violation of the same would lead to the nullity of the process. However, there are processes such as the case of the necessary bankruptcy process where, according to what the COGEP mentions, the declaration of interdiction must be provided in the initial order and its annotation in the Virtual Registry of the Council of the Judiciary; that is, without the process having been substantiated, the judge is obliged to order the interdiction and at the same time the defendant does not have the opportunity to exercise the right to self-defense, therefore the legal provisions that are related to the beginning of the necessary bankruptcy process.