La necesidad de reformar el artículo 168 del Código Orgánico General de Procesos, a fin de establecer los casos en los cuales se debe requerir prueba para mejor resolver, en aplicabilidad al principio de imparcialidad

Abstract

Abstract:The present titling work is focused on analyzing prima facie the evidence informal which is incorporated into the legal field many years ago, that is, this legal figure had already been used since the Middle Ages as a faculty, attribution and competence of justice administrators within judicial processes that were ventilated in their jurisdictions. In this sense, once this brief summary and identification of the background of the unofficial evidence, it will be possible to identify it at the national level, which, within Ecuadorian regulations, in the civil aspect, will be determined and named as evidence to better to solve, which has certain characteristics inherent to Ecuadorian legislation and in the same way to the national judicial functioning. After this, the controversial issue will be addressed, which is raised in the fourth chapter of this investigative work and focuses on whether the test for better resolve or informal evidence goes against the principle of impartiality. Finally, the possibility of reforming article 168 of the COGEP will be established, which contemplates this legal figure, so that it respects the principle of impartiality.