Necesidad de optimizar el mecanismo oponible de impugnación del artículo 425 del Código de Comercio del Ecuador

Abstract

The need for renewal of the system to challenge the need for renewal of the system of challenge to Section 425 of the Commercial Code, focused enforceable bill of exchange, analyzes the tension between its current, cold and unsafe unenforceable autonomy, the proposed actions executive incompatible and exclusive relationships with those executed, all of which violent in the extreme, the right of defense provided for in Article 76 of the Constitution of the Republic of Ecuador; Analysis of contesting reorganization discharges observed in the procedural legal effects of judicial impunity up in the executive action under Article 425 of the Commercial Code, the burden of proof existing schemes, the strengths and weaknesses of the prevailing system enforceability, analysis protection of procedural characterization executive and contemporary aspects of innovation that indicted in the simultaneity of explorative discussion of this analytical work, which concluded with the prototype development of the system of legal enforceability for the specific case studied, as an approximation of contribution justiciable executive procedural law against the conflicts in the social business community present;