La oralidad y su adecuación en la legislación civil ecuatoriana

Abstract

In the present work of research, oral tradition and its adaptation in the Ecuadorian civil law, developed a thorough analysis of the topic beginning with define orality, as well as also the advantages and disadvantages of your application. We studied the limits of orality, the challenges as well as possibilities for their suitability in the Ecuadorian civil process. It is a study of the principles of orality, immediacy, rapidity, contradiction, among others, from the figure of constitutional, legal and doctrinal, taking into account that they are fundamental basis for the contemporary civil process. Discussed the powers of the judge, and also the right to be heard as a guarantee of the international instruments and their impact on the civil law in our country. The objective of this research is to establish positive and negative points involving oral tradition and its adaptation in civil Ecuadorian legislation, as part of a fair and transparent justice for the benefit of society as a whole.