Análisis normativo de la competencia de las y los juzgadores en razón del territorio, de conformidad a lo establecido en los artículos 147 numeral uno y 153 numeral uno del código orgánico general de procesos.

Abstract

The incompetence of the trier, which could be defined as the non-existence of a legal vacuum refereeing to people, subject and grades in the General Organie Code of Processes. The main issue is about the trier, at the moment of admitting the demand or answering it or withing the exceptions, the incompetence can be state stablished in the law to be graded at the moment of the presentation proposed by the actor or defendant. In this particular case, the procedural law allows to define the demand from the start and give the order to archive the demand according to the first paragraph of Art. 147 from General Organie Code of Processes (COGEP) that is contradicted with the first numeral of Art. 153 idibem. The main importance is that the actor or defendant must be judged by a competent judge and according to the process of each procedure, It is a normative provision of constitutional rank and guarantee of due process in which it is contemplated in subsection three of Art. 76 of the Constitution of the Republic of Ecuador.