La irregularidad en la forma procesal esencial como causa de ineficacia o valor legal (nulidad) en el Código Procesal Civil ecuatoriano

Abstract

The nullity is a procedural act that occurs in the legal field as a result of failure to comply with the conditions of an act, whether by deliberate the judge's action or lack of observance of the forms defined in the law. The irregularity in the essential procedural form is sufficient cause for the nullity of an act or a sentence appropriate, either ex officio or at the request of one of the injured part. Ecuadorian legislation determines precisely the causes of invalidity that produce inefficiency or legal value of the legal act and is made concerning the violation of the solemn ceremonies of the essential procedural form. The code of Civil Procedure refers to the procedural nullity as well as the actions necessary to remedy them. This paper discusses the annulment of order procedures, making relationship to the causes that provoke it and the effects resulting from its Declaration, as well as given by the legal order required forms to contest a procedural act or a procedural form is sufficient cause for the nullity of an act or a sentence appropriate, either ex officio or at the request of one of the injured part. Ecuadorian legislation determines precisely the causes of invalidity that produce inefficiency or legal value of the legal act and is made concerning the violation of the solemn ceremonies of the essential procedural form. The code of Civil Procedure refers to the procedural nullity as well as the actions necessary to remedy them. This paper discusses the annulment of order procedures, making relationship to the causes that provoke it and the effects resulting from its Declaration, as well as given by the legal order required forms to contest a procedural act or a statement, due to the lack of requirements required by the procedural act and established formalities as indispensable