Análisis jurídico y doctrinario de la prueba para mejor resolver en observancia con el principio de imparcialidad establecido en el COGEP

Abstract

Abstract: In Ecuador, the General Organic Code of Processes, in its article 168, provides for an ex officio test, which is called "test to facilitate resolution." This test is requested by the judges within a legal process, in the event that they deem it necessary, and is used with the purpose of clarifying the disputed facts of a case. The test to facilitate resolution can be described as the mechanism that seeks the full understanding of a fact, the discovery of the truth, or as the existence or nonexistence of an event, to guarantee the correct application of the law. The present research work refers to the test to facilitate resolution in compliance with the principle of impartiality, since the use of this test in case of being requested would directly affect the claim of the parties, since this principle is the guarantee that the parties of a process maintain before the null interests of the judges on their decisions; Thus, when requesting evidence ex officio, this principle is not violated.