Análisis de la citación y su reforma en el código orgánico general de procesos y su relación con los principios del derecho

Abstract

Abstract: The summons, without a doubt, constitutes an act of procedural impetus of great importance, for whoever raises or files a claim. It informs a third party of the judicial request made so that a controversial matter can be resolved legally by a judge. It may seem like a simple procedure, which is carried out diligently and in a timely manner without major delays or complications other than being able to make copies so that the summons can go to the defendant's home and present the request and then state the reason for the summons. Thus, all that remains is to wait for the counterparty to respond to the claim filed. However, in the practice of law on a daily basis, delays and delays are observed in what is apparently a simple procedure, on the one hand, the waste of time until the legal whereabouts of the defendant can be found and, on the other hand, the resources employed by the actor and the State, since the use of resources ranging from the use of vehicles to the time spent in repeating several summonses is deployed, without the positive reason being felt. And in fact the spending is State, and even the resources are State, including human capital. What if the objective change leans towards the side where the resources belong to those managed, including human capital?