Tercería excluyente de dominio y su procedimiento para la restitución de bienes muebles e inmueblesdentro del derecho ecuatoriano

Abstract

Abstract: This project includes the analysis ofthe Exclusive Domain Tercería and the Procedure for the Restitution of Movable Property in Ecuadorian Legislation. The general objective is to identify, within this kind of third party, the procedure by which the ownership of the movable and immovable property seized and seized will be determined in order to return to the true owner. In addition, it has been proposed to determine its causes and effects produced by this third party within the Executive Judgment.It indicates possible instruments or meansused to justify the ownership of the movable and immovable property affected by the precautionary measure. Finally, as a measure of solution, the Modification of the Procedure of Exclusive Third Party of Domain is presented so that it is applicable in a uniform manner with the process of the Executive Judgment and is not processed by notebookseparate, a procedure that must be in harmony with the principles of speed and concentration established in the procedural system established by the Constitution.