Necesidad de incorporar en el Código Orgánico General de Procesos el procedimiento monitorio puro

Abstract

Abstract: The monitoring procedure in Ecuador is a procedural mechanism designed to expedite the recovery of monetary debts recorded in private documents. Your main characteristic is its speed and effectiveness, since it seeks to obtain a judicial resolution within a period relatively brief. This procedure is regulated in the Organic Code General Processes (COGEP). The payment order procedure in Ecuador, since its implementation, has experienced a evolution marked by the need to adapt this mechanism to social realities and economic conditions of the country, as well as the demands of a judicial system in constant transformation. The main transformation occurred with the entry into force of COGEP in 2015. This code unified and modernized the Ecuadorian procedural system, establishing the bases of the monitoring procedure as we know it today. Measures have been implemented to facilitate access to the monitoring procedure, especially for low-income people. This includes the simplification of procedures, the cost reduction and the possibility of filing claims electronically. The monitoring procedure is a valuable mechanism within the justice system. Ecuadorian. In the future, it is expected that its application will continue to evolve to offer a greater balance between the rights of the creditor and the guarantees of the debtor.